Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-912 (2026)

Escape; official detention, defined; knowingly permitting an escape; penalty; defense to prosecution

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) A person commits escape if he or she unlawfully removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period. Official detention means arrest, detention in or transportation to any facility for custody of persons under charge or conviction of crime or contempt or for persons alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes. Official detention does not include supervision of probation or parole or constraint incidental to release on bail.

(2) A public servant concerned in detention commits an offense if he or she knowingly permits an escape. Any person who knowingly causes or facilitates an escape commits a Class IV felony.

(3) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority shall not be a defense to prosecution under this section if the escape is from a prison or other custodial facility or from detention pursuant to commitment by official proceedings. In the case of other detentions, irregularity or lack of jurisdiction shall be a defense only if:

(a) The escape involved no substantial risk of harm to the person or property of anyone other than the detainee; and

(b) The detaining authority did not act in good faith under color of law.

(4) Except as provided in subsections (5) and (6) of this section, escape is a Class IV felony.

(5) Escape is a Class III felony when:

(a) The detainee was under arrest for or detained on a felony charge or following conviction for the commission of an offense; or

(b) A public servant concerned in detention of persons convicted of crime purposely facilitates or permits an escape from a detention facility or from transportation thereto.

(6) Escape is a Class IIA felony when the actor employs force, threat, deadly weapon, or other dangerous instrumentality to effect the escape.

Notes of Decisions
Cited in 33 cases (3 in the last 5 years), 1980–2025 · leading case: State v. Johnson, 290 Neb. 369 (Neb. 2015).
Sort: Relevance Newest Treatment
State v. Johnson, 290 Neb. 369 (Neb. 2015). · cites it 12× “Johnson was convicted of escape in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and sentenced as a habitual criminal.”
United States v. Lucas, 499 F.3d 769 (8th Cir. 2007). · cites it 4× “See Neb.Rev.Stat. § 28-912(1). It was this warrant that was used to force a nonconsensual entry into the residence of Theresa Scaife and Lucas at 2316 Ogden Street, Omaha, Nebraska.”
State v. Steven S. (In Re Steven S.), 299 Neb. 447 (Neb. 2018). · cites it 2× “31 CONCLUSION Upon our de novo review of the record, we conclude that the juvenile court did not abuse its discretion in ordering that Steven's case be transferred to county court.”
State v. Heathman, 395 N.W.2d 538 (Neb. 1986). · cites it 10× “The jury was instructed: "On or about the 9th day of September, 1984 in Lancaster County, Nebraska, the defendant, Noel Heathman, did unlawfully remove himself from official detention." Counsel for the appellant argued that the language "following conviction for the commission…”
State v. White, 306 N.W.2d 906 (Neb. 1981). · cites it 6× “Neb. Rev. Stat. § 28-912 (Reissue 1979). The information alleged that on a certain date the defendant unlawfully removed himself from official detention while he was under arrest for a felony.”
United States v. Marlon Dale Sun Bear, A/K/A Dale Sun Bear, A/K/A Ben James, 307 F.3d 747 (8th Cir. 2002). · cites it 2× “See Neb.Rev.Stat. § 28-912(4). However, when the escapee “employs force, threat, deadly weapon, or other dangerous instrumentality to effect the escape,” the crime becomes a Class III felony.”
State v. Schlothauer, 294 N.W.2d 382 (Neb. 1980). · cites it 8× “Neb.Rev.Stat. § 28-912 (Reissue 1979) replaced § 28-736.”
United States v. Alfred Tucker, 740 F.3d 1177 (8th Cir. 2014). · cites it 3× “Neb. Rev. Stat. § 28-912 . The statute is divisible because it provides as alternative grounds for conviction “unlawful[] remov[al] .”
State v. Johnson, 308 Neb. 331 (Neb. 2021). · cites it 2× “2014) at the time of the offense; and one count of attempted escape, a Class IV felony under Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and Neb.”
State v. Parks, 573 N.W.2d 453 (Neb. 1998). · cites it 2× “2d 538 (1986), in which we construed Neb. Rev. Stat. § 28-912 (Reissue 1995) as defining a single offense of escape, *947 but providing for an enhanced penalty if certain aggravating factors were present.”
In re Interest of Joezia P., 30 Neb. Ct. App. 281 (Neb. Ct. App. 2021). · cites it 2× “On October 8, 2020, the State charged Jeremy with one count of escape when under arrest on a felony charge in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2016).”
State v. Olsan, 436 N.W.2d 128 (Neb. 1989). · cites it 2× “Neb. Rev. Stat. § 28-912 (1) (Reissue 1985) defines the felony of escape: A person commits escape if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.”
Show all 33 citing cases →
— Neb. Rev. Stat. § 28-912(1) — 7 cases
United States v. Lucas, 499 F.3d 769 (8th Cir. 2007). “See Neb.Rev.Stat. § 28-912(1). It was this warrant that was used to force a nonconsensual entry into the residence of Theresa Scaife and Lucas at 2316 Ogden Street, Omaha, Nebraska.”
State v. Johnson, 290 Neb. 369 (Neb. 2015). “Johnson was convicted of escape in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and sentenced as a habitual criminal.”
State v. Schlothauer, 294 N.W.2d 382 (Neb. 1980). “Neb.Rev.Stat. § 28-912 (Reissue 1979) replaced § 28-736.”
State v. Farr, 306 N.W.2d 854 (Neb. 1981).
State v. Sorich, 412 N.W.2d 484 (Neb. 1987).
— Neb. Rev. Stat. § 28-912(1)(5) — 1 case
State v. Johnson, 290 Neb. 369 (Neb. 2015). “Johnson was convicted of escape in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and sentenced as a habitual criminal.”
— Neb. Rev. Stat. § 28-912(4) — 2 cases
United States v. Marlon Dale Sun Bear, A/K/A Dale Sun Bear, A/K/A Ben James, 307 F.3d 747 (8th Cir. 2002). “See Neb.Rev.Stat. § 28-912(4). However, when the escapee “employs force, threat, deadly weapon, or other dangerous instrumentality to effect the escape,” the crime becomes a Class III felony.”
State v. Johnson, 290 Neb. 369 (Neb. 2015). “Johnson was convicted of escape in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and sentenced as a habitual criminal.”
— Neb. Rev. Stat. § 28-912(5) — 2 cases
United States v. Lucas, 499 F.3d 769 (8th Cir. 2007). “See Neb.Rev.Stat. § 28-912(1). It was this warrant that was used to force a nonconsensual entry into the residence of Theresa Scaife and Lucas at 2316 Ogden Street, Omaha, Nebraska.”
State v. Johnson, 290 Neb. 369 (Neb. 2015). “Johnson was convicted of escape in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and sentenced as a habitual criminal.”
— Neb. Rev. Stat. § 28-912(5)(a) — 1 case
State v. Johnson, 290 Neb. 369 (Neb. 2015). “Johnson was convicted of escape in violation of Neb. Rev. Stat. § 28-912 (5)(a) (Reissue 2008) and sentenced as a habitual criminal.”
— Neb. Rev. Stat. § 28-912(5)(b) — 1 case
United States v. Marlon Dale Sun Bear, A/K/A Dale Sun Bear, A/K/A Ben James, 307 F.3d 747 (8th Cir. 2002). “See Neb.Rev.Stat. § 28-912(4). However, when the escapee “employs force, threat, deadly weapon, or other dangerous instrumentality to effect the escape,” the crime becomes a Class III felony.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.