Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-110 (2026)

Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions

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

(1) Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed before the magistrate within three years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(2) Except as otherwise provided by law, no person shall be prosecuted, tried, or punished for any misdemeanor or other indictable offense below the grade of felony or for any fine or forfeiture under any penal statute unless the suit, information, or indictment for such offense is instituted or found within one year and six months from the time of committing the offense or incurring the fine or forfeiture or within one year for any offense the punishment of which is restricted by a fine not exceeding one hundred dollars and to imprisonment not exceeding three months.

(3) Except as otherwise provided by law, no person shall be prosecuted for kidnapping under section 28-313, false imprisonment under section 28-314 or 28-315, child abuse under section 28-707, pandering under section 28-802, debauching a minor under section 28-805, or an offense under section 28-813 when the victim is under sixteen years of age at the time of the offense (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim's sixteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim's sixteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(4) Except as otherwise provided by law, no person shall be prosecuted for a violation of subsection (2) or (3) of section 28-831 (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim's eighteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim's eighteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(5) Except as otherwise provided by law, no person shall be prosecuted for an offense under section 28-1803 or 28-1804 (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim's eighteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim's eighteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(6) No person shall be prosecuted for a violation of the Securities Act of Nebraska under section 8-1117 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(7) No person shall be prosecuted for criminal impersonation under section 28-638, identity theft under section 28-639, or identity fraud under section 28-640 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(8) No person shall be prosecuted for a violation of section 68-1017 if the aggregate value of all funds and other benefits obtained or attempted to be obtained is five hundred dollars or more unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(9) No person shall be prosecuted for knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult under section 28-386 unless the indictment for such offense is found by a grand jury within six years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within six years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(10) Except as otherwise provided by law, no person shall be prosecuted for an offense under section 28-717 (a) unless the indictment for such offense is found by a grand jury within one year and six months next after the offense has been committed or within one year and six months next after the child reaches the age of majority, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within one year and six months next after the offense has been committed or within one year and six months next after the child reaches the age of majority, whichever is later, and a warrant for the arrest of the defendant has been issued.

(11) There shall not be any time limitations for prosecution or punishment for treason, murder, arson, forgery, sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01, incest under section 28-703, sexual assault of a child in the first degree under section 28-319.01, labor trafficking of a minor or sex trafficking of a minor under subsection (1) of section 28-831, or an offense under section 28-1805; nor shall there be any time limitations for prosecution or punishment for sexual assault in the third degree under section 28-320 when the victim is under sixteen years of age at the time of the offense.

(12) The time limitations prescribed in this section shall include all inchoate offenses pursuant to the Nebraska Criminal Code and compounding a felony pursuant to section 28-301.

(13) The time limitations prescribed in this section shall not extend to any person fleeing from justice.

(14) When any suit, information, or indictment for any crime or misdemeanor is limited by any statute to be brought or exhibited within any other time than is limited by this section, then the suit, information, or indictment shall be brought or exhibited within the time limited by such statute.

(15) If any suit, information, or indictment is quashed or the proceedings set aside or reversed on writ of error, the time during the pendency of such suit, information, or indictment so quashed, set aside, or reversed shall not be reckoned within this statute so as to bar any new suit, information, or indictment for the same offense.

(16) The changes made to this section by Laws 2004, LB 943, shall apply to offenses committed prior to April 16, 2004, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(17) The changes made to this section by Laws 2005, LB 713, shall apply to offenses committed prior to September 4, 2005, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(18) The changes made to this section by Laws 2009, LB 97, and Laws 2006, LB 1199, shall apply to offenses committed prior to May 21, 2009, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(19) The changes made to this section by Laws 2010, LB809, shall apply to offenses committed prior to July 15, 2010, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(20) The changes made to this section by Laws 2016, LB934, shall apply to offenses committed prior to April 19, 2016, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(21) The changes made to this section by Laws 2019, LB519, shall apply to offenses committed prior to September 1, 2019, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

Notes of Decisions
Cited in 45 cases (8 in the last 5 years), 1940–2025 · leading case: State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016).
Sort: Relevance Newest Treatment
State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016). · cites it 8× “For the purposes of Neb. Rev. Stat. § 29-110 (1) (Reissue 1995), the phrase “fleeing from justice” means leaving one’s usual abode or leaving the jurisdiction where an offense has been committed, with intent to avoid detection, prosecution, or punishment for some public offense.”
State v. Nesbitt, 650 N.W.2d 766 (Neb. 2002). · cites it 10× “Neb. Rev. Stat. § 29-110 (Reissue 1985) provides a statute of limitations on prosecution of all felonies except treason, murder, arson, and forgery.”
State v. Gill, 297 Neb. 852 (Neb. 2017). · cites it 8× “On November 16, 2015, Gill moved to quash the informa- tion on the ground that the charges were time barred under Neb. Rev. Stat. § 29-110 (Reissue 2016). Section 29-110(8) currently provides that there is no stat- ute of limitations for charges of incest and first degree sexual…”
State v. Haas, 317 Neb. 919 (Neb. 2024). · cites it 7× “See Neb. Rev. Stat. § 29-110 (2) (Reissue 1995).”
State v. Schaaf, 449 N.W.2d 762 (Neb. 1989). · cites it 10× “In his appeal, Schaaf contends that (1) the information by which he was charged is legally deficient; (2) the trial court lacked jurisdiction because no criminal act charged against Schaaf occurred in the State of Nebraska; (3) criminal prosecution of Schaaf was barred by the…”
State v. Wiemer, 533 N.W.2d 122 (Neb. Ct. App. 1995). · cites it 7× “The district court’s order granting postconviction relief noted that the crime of incest, to which charge Wiemer pled no contest and of which he was convicted, has a 3-year statute of limitations, Neb. Rev. Stat. § 29-110 (Reissue 1985), and concluded that “the Statute of…”
State v. Thieszen, 560 N.W.2d 800 (Neb. 1997). · cites it 9× “§ 29-110 (1) (Reissue 1995) provides, in relevant part: [N]o person or persons shall be prosecuted for any felony, excepting only treason, murder, arson, and forgery, unless the indictment for the same shall be found by a grand jury within three years next after the offense…”
State v. Loyd, 696 N.W.2d 860 (Neb. 2005). · cites it 2× “Loyd’s motion to discharge on statute of limitations grounds was denied on May 22.”
State v. Thomas, 459 N.W.2d 204 (Neb. 1990). · cites it 5× “Defendant then moved for a directed verdict, contending that the prosecution was barred by the statute of limitations as set out at Neb. Rev. Stat. § 29-110 (Reissue 1985), which provides: No person or persons shall be prosecuted for any felony .”
State v. Hirsch, 511 N.W.2d 69 (Neb. 1994). · cites it 3× “See Neb. Rev. Stat. § 29-110 (Reissue 1985). Through 1989 Neb.”
Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004). · cites it 2× “036(6)(3) (2003); Neb.Rev.Stat. § 29-110(1) (2002); N.C. Gen.”
State v. Loyd, 745 N.W.2d 338 (Neb. 2008). · cites it 12× “Loyd asserts the complaint filed against him was not filed within the 18-month statute of limitations set forth in Neb. Rev. Stat. § 29-110 (1) (Reissue 1995).”
Show all 45 citing cases →
— Neb. Rev. Stat. § 29-110(1) — 7 cases
State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016). “For the purposes of Neb. Rev. Stat. § 29-110 (1) (Reissue 1995), the phrase “fleeing from justice” means leaving one’s usual abode or leaving the jurisdiction where an offense has been committed, with intent to avoid detection, prosecution, or punishment for some public offense.”
State v. Thieszen, 560 N.W.2d 800 (Neb. 1997). “§ 29-110 (1) (Reissue 1995) provides, in relevant part: [N]o person or persons shall be prosecuted for any felony, excepting only treason, murder, arson, and forgery, unless the indictment for the same shall be found by a grand jury within three years next after the offense…”
Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004). “036(6)(3) (2003); Neb.Rev.Stat. § 29-110(1) (2002); N.C. Gen.”
State v. Loyd, 745 N.W.2d 338 (Neb. 2008). “Loyd asserts the complaint filed against him was not filed within the 18-month statute of limitations set forth in Neb. Rev. Stat. § 29-110 (1) (Reissue 1995).”
State v. Gill, 297 Neb. 852 (Neb. 2017). “On November 16, 2015, Gill moved to quash the informa- tion on the ground that the charges were time barred under Neb. Rev. Stat. § 29-110 (Reissue 2016). Section 29-110(8) currently provides that there is no stat- ute of limitations for charges of incest and first degree sexual…”
— Neb. Rev. Stat. § 29-110(11) — 1 case
State v. Haas, 317 Neb. 919 (Neb. 2024). “See Neb. Rev. Stat. § 29-110 (2) (Reissue 1995).”
— Neb. Rev. Stat. § 29-110(14) — 1 case
State v. Gill, 297 Neb. 852 (Neb. 2017). “On November 16, 2015, Gill moved to quash the informa- tion on the ground that the charges were time barred under Neb. Rev. Stat. § 29-110 (Reissue 2016). Section 29-110(8) currently provides that there is no stat- ute of limitations for charges of incest and first degree sexual…”
— Neb. Rev. Stat. § 29-110(15) — 1 case
State v. Gill, 297 Neb. 852 (Neb. 2017). “On November 16, 2015, Gill moved to quash the informa- tion on the ground that the charges were time barred under Neb. Rev. Stat. § 29-110 (Reissue 2016). Section 29-110(8) currently provides that there is no stat- ute of limitations for charges of incest and first degree sexual…”
— Neb. Rev. Stat. § 29-110(5) — 1 case
State v. Haas, 317 Neb. 919 (Neb. 2024). “See Neb. Rev. Stat. § 29-110 (2) (Reissue 1995).”
— Neb. Rev. Stat. § 29-110(7) — 1 case
State v. Betancourt-Garcia, 967 N.W.2d 111 (Neb. 2021).
— Neb. Rev. Stat. § 29-110(8) — 1 case
State v. Gill, 297 Neb. 852 (Neb. 2017). “On November 16, 2015, Gill moved to quash the informa- tion on the ground that the charges were time barred under Neb. Rev. Stat. § 29-110 (Reissue 2016). Section 29-110(8) currently provides that there is no stat- ute of limitations for charges of incest and first degree sexual…”
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.