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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1254
Introduced by Prokop, 27; Bostar, 29.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes; to amend section 28-101, Revised1
Statutes Supplement, 2025; to define a term; to prohibit the retail2
sale of electronic smoking devices without a child safety feature as3
provided; to provide a penalty; to harmonize provisions; and to4
repeal the original section. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 28-101, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-17013
and section 2 of this act shall be known and may be cited as the Nebraska4
Criminal Code. 5
Sec. 2. (1) For purposes of this section: 6
(a) Electronic smoking device means any product or device containing7
nicotine, a nicotine analogue, tobacco, or tobacco derivatives that8
employs a heating element, power source, electronic circuit, or other9
electronic, chemical, or mechanical means, regardless of shape or size,10
to simulate smoking by delivering the nicotine, nicotine analogue,11
tobacco, or tobacco derivatives in vapor, fog, mist, gas, or aerosol form12
to a person inhaling from the product or device; and13
(b) Nicotine analogue has the same meaning as in section 28-1418.01.14
(2) It shall be unlawful to sell at retail, offer for retail sale,15
or distribute for retail sale or promotion in this state any electronic16
smoking device manufactured on or after the effective date of this act17
without a child safety feature. 18
(3) Any person who violates this section shall be guilty of a Class19
IV misdemeanor. 20
(4) This section does not apply to the interstate transportation of21
electronic smoking devices or the storage of electronic smoking devices22
in a warehouse or distribution center. 23
Sec. 3. Original section 28-101, Revised Statutes Supplement, 2025,24
is repealed. 25
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