Except as provided in section 53-168.06, no minor may sell, dispense, consume, or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads, or highways, upon property owned by the State of Nebraska or any subdivision thereof, or inside any vehicle while in or on any other place, including, but not limited to, the public streets, alleys, roads, or highways, or upon property owned by the State of Nebraska or any subdivision thereof, except that a minor may consume, possess, or have physical control of alcoholic liquor as a part of a bona fide religious rite, ritual, or ceremony or in his or her permanent place of residence.
The governing bodies of counties, cities, and villages shall have the power to, and may by applicable resolution or ordinance, regulate, suppress, and control the transportation, consumption, or knowing possession of or having under his or her control beer or other alcoholic liquor in or transported by any motor vehicle, by any person under twenty-one years of age, and may provide penalties for violations of such resolution or ordinance.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1963–2021 · leading case:
State v. Hausmann, 765 N.W.2d 219 (Neb. 2009).
State v. Hausmann, 765 N.W.2d 219 (Neb. 2009).
· cites it 2× “CONCLUSION The decision of the Court of Appeals is reversed, and the cause remanded to the Court of Appeals for further proceedings.”
State v. Eberhardt, 125 N.W.2d 1 (Neb. 1963).
· cites it 7× “Cornell in and for Saline County, Nebraska, with the offense of a minor in possession of alcoholic liquor in violation of section 53-180.02, R.R. S.1943. The appellant was convicted in the justice of the peace court and from the conviction he appealed to the district court for…”
State v. Ewing, 378 N.W.2d 158 (Neb. 1985).
· cites it 4× “§ 28-709 (Reissue 1979), is a Class I misdemeanor, and possession of alcohol by minors is a violation of Neb.Rev.Stat. § 53-180.02 (Reissue 1984).”
Kennedy v. Kennedy, 380 N.W.2d 300 (Neb. 1986).
· cites it 2× “Although this court does not approve of minors violating the laws regarding the use of either alcohol or tobacco, this court is not prepared to determine what is more harmful to a young boy, occasionally drinking beer or occasionally chewing tobacco, particularly in view of the…”
Stagemeyer v. Cnty. of Dawson, NE., 205 F. Supp. 2d 1107 (D. Neb. 2002).
· cites it 2× “ed this memorandum to defendant Kurt McBride, Deputy County Attorney for Dawson County, Nebraska, and defendant Elizabeth Waterman, County Attorney for Dawson County, who on January 10, 2001, criminally charged Matthew Stagemeyer with one count of minor in possession of alcohol…”
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
“01 (unlawful for minors to attempt to buy alcohol), and § 53-180.02 (unlawful for minors to sell, consume, or possess alcohol outside their home).”
R.D.B., Inc. v. Nebraska Liquor Control Comm'n, 425 N.W.2d 884 (Neb. 1988).
· cites it 2× “The amended citation charged “[t]hat the licensee did, on or about July 4, 1985, permit a minor under the age of 19 years of age, to sell or dispense alcoholic liquor, in and for said licensed premises, in violation of Section 53-180.02.” The licensee entered a plea of guilty…”
State v. Reeder, 160 N.W.2d 753 (Neb. 1968).
· cites it 2× “The defendant minor was convicted in county court *426 and by a jury in district court of possession of alcoholic liquor inside a vehicle while on a public street or highway, contrary to section 53-180.02, R. S. Supp., 1965. From the judgment of conviction and sentence thereon,…”
State v. Laue, 402 N.W.2d 313 (Neb. 1987).
· cites it 3× “Laue, was charged by complaint in the county court for Johnson County, Nebraska, with possession of alcoholic liquor by a minor, in violation of Neb. Rev. Stat. § 53-180.02 (Reissue 1984).”
State v. Hoer, 436 N.W.2d 179 (Neb. 1989).
· cites it 3× “Neb. Rev. Stat. § 53-180.02 (Reissue 1988) prohibits a minor, that is, anyone under the age of 21 years, from possessing or physically controlling any alcoholic liquor inside a vehicle on a public street, alley, road, or highway.”
In re Interest of Kale H. (Neb. Ct. App. 2021).
· cites it 6× “Specifically, -1- the State alleged that on or about July 28, Kale, being a minor under the age of 17, consumed or was in the possession of alcohol in violation of Neb. Rev. Stat. § 53-180.02 (Reissue 2010).”
State v. Saldivar (Neb. Ct. App. 2018).
· cites it 2× “BACKGROUND On April 6, 2016, the State filed an information in the district court, charging Saldivar with minor in possession of alcohol, 19 or 20 years of age, in violation of Neb. Rev. Stat. § 53-180.02 (Reissue 2010), a Class III misdemeanor, and possession of a controlled…”
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.