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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 817
Introduced by Storer, 43; Andersen, 49; Bosn, 25; Brandt, 32; Hallstrom,
1; Lonowski, 33; Sanders, 45.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend sections1
28-416, 28-1354, and 28-1701, Revised Statutes Supplement, 2025; to2
provide a penalty enhancement for certain offenses involving3
fentanyl; to harmonize provisions; and to repeal the original4
sections. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 28-416, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-416 (1) Except as authorized by the Uniform Controlled Substances3
Act, it shall be unlawful for any person knowingly or intentionally: (a)4
To manufacture, distribute, deliver, dispense, or possess with intent to5
manufacture, distribute, deliver, or dispense a controlled substance; or6
(b) to create, distribute, or possess with intent to distribute a7
counterfeit controlled substance. 8
(2) Except as provided in subsections (4), (5), (7), (8), (9), and9
(10), and (11) of this section, any person who violates subsection (1) of10
this section with respect to: (a) A controlled substance classified in11
Schedule I, II, or III of section 28-405 which is an exceptionally12
hazardous drug shall be guilty of a Class II felony; (b) any other13
controlled substance classified in Schedule I, II, or III of section14
28-405 shall be guilty of a Class IIA felony; or (c) a controlled15
substance classified in Schedule IV or V of section 28-405 shall be16
guilty of a Class IIIA felony. 17
(3) A person knowingly or intentionally possessing a controlled18
substance, except marijuana or any substance containing a quantifiable19
amount of the substances, chemicals, or compounds described, defined, or20
delineated in subdivision (c)(28) of Schedule I of section 28-405, unless21
such substance was obtained directly or pursuant to a medical order22
issued by a practitioner authorized to prescribe while acting in the23
course of his or her professional practice, or except as otherwise24
authorized by the act, shall be guilty of a Class IV felony. A person25
shall not be in violation of this subsection if section 28-472 or 28-170126
applies. 27
(4)(a) Except as authorized by the Uniform Controlled Substances28
Act, any person eighteen years of age or older who knowingly or29
intentionally manufactures, distributes, delivers, dispenses, or30
possesses with intent to manufacture, distribute, deliver, or dispense a31
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controlled substance or a counterfeit controlled substance (i) to a1
person under the age of eighteen years, (ii) in, on, or within one2
thousand feet of the real property comprising a public or private3
elementary, vocational, or secondary school, a community college, a4
public or private college, junior college, or university, or a5
playground, or (iii) within one hundred feet of a public or private youth6
center, public swimming pool, or video arcade facility shall be punished7
by the next higher penalty classification than the penalty prescribed in8
subsection (2), (7), (8), (9), or (10), or (11) of this section,9
depending upon the controlled substance involved, for the first violation10
and for a second or subsequent violation shall be punished by the next11
higher penalty classification than that prescribed for a first violation12
of this subsection, but in no event shall such person be punished by a13
penalty greater than a Class IB felony. 14
(b) For purposes of this subsection: 15
(i) Playground means any outdoor facility, including any parking lot16
appurtenant to the facility, intended for recreation, open to the public,17
and with any portion containing three or more apparatus intended for the18
recreation of children, including sliding boards, swingsets, and19
teeterboards; 20
(ii) Video arcade facility means any facility legally accessible to21
persons under eighteen years of age, intended primarily for the use of22
pinball and video machines for amusement, and containing a minimum of ten23
pinball or video machines; and 24
(iii) Youth center means any recreational facility or gymnasium,25
including any parking lot appurtenant to the facility or gymnasium,26
intended primarily for use by persons under eighteen years of age which27
regularly provides athletic, civic, or cultural activities.28
(5)(a) Except as authorized by the Uniform Controlled Substances29
Act, it shall be unlawful for any person eighteen years of age or older30
to knowingly and intentionally employ, hire, use, cause, persuade, coax,31
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induce, entice, seduce, or coerce any person under the age of eighteen1
years to manufacture, transport, distribute, carry, deliver, dispense,2
prepare for delivery, offer for delivery, or possess with intent to do3
the same a controlled substance or a counterfeit controlled substance.4
(b) Except as authorized by the Uniform Controlled Substances Act,5
it shall be unlawful for any person eighteen years of age or older to6
knowingly and intentionally employ, hire, use, cause, persuade, coax,7
induce, entice, seduce, or coerce any person under the age of eighteen8
years to aid and abet any person in the manufacture, transportation,9
distribution, carrying, delivery, dispensing, preparation for delivery,10
offering for delivery, or possession with intent to do the same of a11
controlled substance or a counterfeit controlled substance.12
(c) Any person who violates subdivision (a) or (b) of this13
subsection shall be punished by the next higher penalty classification14
than the penalty prescribed in subsection (2), (7), (8), (9), or (10), or15
(11) of this section, depending upon the controlled substance involved,16
for the first violation and for a second or subsequent violation shall be17
punished by the next higher penalty classification than that prescribed18
for a first violation of this subsection, but in no event shall such19
person be punished by a penalty greater than a Class IB felony.20
(6) It shall not be a defense to prosecution for violation of21
subsection (4) or (5) of this section that the defendant did not know the22
age of the person through whom the defendant violated such subsection.23
(7) Any person who violates subsection (1) of this section with24
respect to cocaine or any mixture or substance containing a detectable25
amount of cocaine in a quantity of: 26
(a) One hundred forty grams or more shall be guilty of a Class IB27
felony; 28
(b) At least twenty-eight grams but less than one hundred forty29
grams shall be guilty of a Class IC felony; or 30
(c) At least ten grams but less than twenty-eight grams shall be31
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guilty of a Class ID felony. 1
(8) Any person who violates subsection (1) of this section with2
respect to base cocaine (crack) or any mixture or substance containing a3
detectable amount of base cocaine in a quantity of:4
(a) One hundred forty grams or more shall be guilty of a Class IB5
felony; 6
(b) At least twenty-eight grams but less than one hundred forty7
grams shall be guilty of a Class IC felony; or 8
(c) At least ten grams but less than twenty-eight grams shall be9
guilty of a Class ID felony. 10
(9) Any person who violates subsection (1) of this section with11
respect to heroin or any mixture or substance containing a detectable12
amount of heroin in a quantity of: 13
(a) One hundred forty grams or more shall be guilty of a Class IB14
felony; 15
(b) At least twenty-eight grams but less than one hundred forty16
grams shall be guilty of a Class IC felony; or 17
(c) At least ten grams but less than twenty-eight grams shall be18
guilty of a Class ID felony. 19
(10) Any person who violates subsection (1) of this section with20
respect to amphetamine, its salts, optical isomers, and salts of its21
isomers, or with respect to methamphetamine, its salts, optical isomers,22
and salts of its isomers, in a quantity of: 23
(a) One hundred forty grams or more shall be guilty of a Class IB24
felony; 25
(b) At least twenty-eight grams but less than one hundred forty26
grams shall be guilty of a Class IC felony; or 27
(c) At least ten grams but less than twenty-eight grams shall be28
guilty of a Class ID felony. 29
(11)(a) Any person who violates subsection (1) of this section with30
respect to fentanyl or any mixture or substance containing a detectable31
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amount of fentanyl in a quantity of: 1
(i) One hundred forty grams or more shall be guilty of a Class IB2
felony; 3
(ii) At least twenty-eight grams but less than one hundred forty4
grams shall be guilty of a Class IC felony; or 5
(iii) At least ten grams but less than twenty-eight grams shall be6
guilty of a Class ID felony. 7
(b) For purposes of this subsection, fentanyl means:8
(i) Fentanyl; 9
(ii) Any isomer, ester, ether, or salt of fentanyl or any salt of10
any isomer, ester, or ether of fentanyl; and 11
(iii) Any substance described in subdivision (a)(111) of Schedule I12
of section 28-405. 13
(12) (11) Any person knowingly or intentionally possessing marijuana14
weighing more than one ounce but not more than one pound shall be guilty15
of a Class III misdemeanor. 16
(13) (12) Any person knowingly or intentionally possessing marijuana17
weighing more than one pound shall be guilty of a Class IV felony.18
(14) (13) Except as provided in section 28-1701, any person19
knowingly or intentionally possessing marijuana weighing one ounce or20
less or any substance containing a quantifiable amount of the substances,21
chemicals, or compounds described, defined, or delineated in subdivision22
(c)(28) of Schedule I of section 28-405 shall: 23
(a) For the first offense, be guilty of an infraction, receive a24
citation, be fined three hundred dollars, and be assigned to attend a25
course as prescribed in section 29-433 if the judge determines that26
attending such course is in the best interest of the individual27
defendant; 28
(b) For the second offense, be guilty of a Class IV misdemeanor,29
receive a citation, and be fined four hundred dollars and may be30
imprisoned not to exceed five days; and 31
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(c) For the third and all subsequent offenses, be guilty of a Class1
IIIA misdemeanor, receive a citation, be fined five hundred dollars, and2
be imprisoned not to exceed seven days. 3
(15) (14) Any person convicted of violating this section, if placed4
on probation, shall, as a condition of probation, satisfactorily attend5
and complete appropriate treatment and counseling on drug abuse provided6
by a program authorized under the Nebraska Behavioral Health Services Act7
or other licensed drug treatment facility. 8
(16) (15) Any person convicted of violating this section, if9
sentenced to the Department of Correctional Services, shall attend10
appropriate treatment and counseling on drug abuse.11
(17)(a) (16)(a) Any person convicted of a violation of subsection12
(1) of this section shall be punished by the next higher penalty13
classification than the penalty prescribed in subsection (2), (7), (8),14
(9), or (10), or (11) of this section if: 15
(i) The person knowingly or intentionally possessed a firearm while16
in violation of subsection (1) of this section; or17
(ii) Such violation resulted in the use of the controlled substance18
and directly and proximately caused the death of, or serious bodily19
injury to, another person. 20
(b) A penalty enhanced under this subsection shall in no event21
result in a penalty greater than a Class IB felony.22
(18) (17) A person knowingly or intentionally in possession of money23
used or intended to be used to facilitate a violation of subsection (1)24
of this section shall be guilty of a Class IV felony.25
(19) (18) In addition to the existing penalties available for a26
violation of subsection (1) of this section, including any criminal27
attempt or conspiracy to violate subsection (1) of this section, a28
sentencing court may order that any money, securities, negotiable29
instruments, firearms, conveyances, or electronic communication devices30
as defined in section 28-833 or any equipment, components, peripherals,31
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software, hardware, or accessories related to electronic communication1
devices be forfeited as a part of the sentence imposed if it finds by2
clear and convincing evidence adduced at a separate hearing in the same3
prosecution, following conviction for a violation of subsection (1) of4
this section, and conducted pursuant to section 28-1601, that any or all5
such property was derived from, used, or intended to be used to6
facilitate a violation of subsection (1) of this section.7
(20) (19) In addition to the penalties provided in this section:8
(a) If the person convicted or adjudicated of violating this section9
is eighteen years of age or younger and has one or more licenses or10
permits issued under the Motor Vehicle Operator's License Act:11
(i) For the first offense, the court may, as a part of the judgment12
of conviction or adjudication, (A) impound any such licenses or permits13
for thirty days and (B) require such person to attend a drug education14
class; 15
(ii) For a second offense, the court may, as a part of the judgment16
of conviction or adjudication, (A) impound any such licenses or permits17
for ninety days and (B) require such person to complete no fewer than18
twenty and no more than forty hours of community service and to attend a19
drug education class; and 20
(iii) For a third or subsequent offense, the court may, as a part of21
the judgment of conviction or adjudication, (A) impound any such licenses22
or permits for twelve months and (B) require such person to complete no23
fewer than sixty hours of community service, to attend a drug education24
class, and to submit to a drug assessment by a licensed alcohol and drug25
counselor; and 26
(b) If the person convicted or adjudicated of violating this section27
is eighteen years of age or younger and does not have a permit or license28
issued under the Motor Vehicle Operator's License Act:29
(i) For the first offense, the court may, as part of the judgment of30
conviction or adjudication, (A) prohibit such person from obtaining any31
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permit or any license pursuant to the act for which such person would1
otherwise be eligible until thirty days after the date of such order and2
(B) require such person to attend a drug education class;3
(ii) For a second offense, the court may, as part of the judgment of4
conviction or adjudication, (A) prohibit such person from obtaining any5
permit or any license pursuant to the act for which such person would6
otherwise be eligible until ninety days after the date of such order and7
(B) require such person to complete no fewer than twenty hours and no8
more than forty hours of community service and to attend a drug education9
class; and 10
(iii) For a third or subsequent offense, the court may, as part of11
the judgment of conviction or adjudication, (A) prohibit such person from12
obtaining any permit or any license pursuant to the act for which such13
person would otherwise be eligible until twelve months after the date of14
such order and (B) require such person to complete no fewer than sixty15
hours of community service, to attend a drug education class, and to16
submit to a drug assessment by a licensed alcohol and drug counselor.17
A copy of an abstract of the court's conviction or adjudication18
shall be transmitted to the Director of Motor Vehicles pursuant to19
sections 60-497.01 to 60-497.04 if a license or permit is impounded or a20
juvenile is prohibited from obtaining a license or permit under this21
subsection. 22
Sec. 2. Section 28-1354, Revised Statutes Supplement, 2025, is23
amended to read: 24
28-1354 For purposes of the Public Protection Act:25
(1) Enterprise means any individual, sole proprietorship,26
partnership, corporation, trust, association, or any legal entity, union,27
or group of individuals associated in fact although not a legal entity,28
and shall include illicit as well as licit enterprises as well as other29
entities; 30
(2) Pattern of racketeering activity means a cumulative loss for one31
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or more victims or gains for the enterprise of not less than one thousand1
five hundred dollars resulting from at least two acts of racketeering2
activity, one of which occurred after August 30, 2009, and the last of3
which occurred within ten years, excluding any period of imprisonment,4
after the commission of a prior act of racketeering activity;5
(3) Until January 1, 2017, person means any individual or entity, as6
defined in section 21-2014, holding or capable of holding a legal,7
equitable, or beneficial interest in property. Beginning January 1, 2017,8
person means any individual or entity, as defined in section 21-214,9
holding or capable of holding a legal, equitable, or beneficial interest10
in property; 11
(4) Prosecutor includes the Attorney General of the State of12
Nebraska, the deputy attorney general, assistant attorneys general, a13
county attorney, a deputy county attorney, or any person so designated by14
the Attorney General, a county attorney, or a court of the state to carry15
out the powers conferred by the act; 16
(5) Racketeering activity includes the commission of, criminal17
attempt to commit, conspiracy to commit, aiding and abetting in the18
commission of, aiding in the consummation of, acting as an accessory to19
the commission of, or the solicitation, coercion, or intimidation of20
another to commit or aid in the commission of any of the following:21
(a) Offenses against the person which include: Murder in the first22
degree under section 28-303; murder in the second degree under section23
28-304; manslaughter under section 28-305; assault in the first degree24
under section 28-308; assault in the second degree under section 28-309;25
assault in the third degree under section 28-310; terroristic threats26
under section 28-311.01; kidnapping under section 28-313; false27
imprisonment in the first degree under section 28-314; false imprisonment28
in the second degree under section 28-315; sexual assault in the first29
degree under section 28-319; and robbery under section 28-324;30
(b) Offenses relating to controlled substances which include: To31
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unlawfully manufacture, distribute, deliver, dispense, or possess with1
intent to manufacture, distribute, deliver, or dispense a controlled2
substance under subsection (1) of section 28-416; possession of marijuana3
weighing more than one pound under subsection (13) (12) of section4
28-416; possession of money used or intended to be used to facilitate a5
violation of subsection (1) of section 28-416 prohibited under subsection6
(18) (17) of section 28-416; any violation of section 28-418; to7
unlawfully manufacture, distribute, deliver, or possess with intent to8
distribute or deliver an imitation controlled substance under section9
28-445; possession of anhydrous ammonia with the intent to manufacture10
methamphetamine under section 28-451; and possession of ephedrine,11
pseudoephedrine, or phenylpropanolamine with the intent to manufacture12
methamphetamine under section 28-452; 13
(c) Offenses against property which include: Arson in the first14
degree under section 28-502; arson in the second degree under section15
28-503; arson in the third degree under section 28-504; burglary under16
section 28-507; theft by unlawful taking or disposition under section17
28-511; theft by shoplifting under section 28-511.01; theft by deception18
under section 28-512; theft by extortion under section 28-513; theft of19
services under section 28-515; theft by receiving stolen property under20
section 28-517; criminal mischief under section 28-519; and unlawfully21
depriving or obtaining property or services using a computer under22
section 28-1344; 23
(d) Offenses involving fraud which include: Burning to defraud an24
insurer under section 28-505; forgery in the first degree under section25
28-602; forgery in the second degree under section 28-603; criminal26
possession of a forged instrument under section 28-604; criminal27
possession of written instrument forgery devices under section 28-605;28
criminal impersonation under section 28-638; identity theft under section29
28-639; identity fraud under section 28-640; false statement or book30
entry under section 28-612; tampering with a publicly exhibited contest31
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under section 28-614; issuing a false financial statement for purposes of1
obtaining a financial transaction device under section 28-619;2
unauthorized use of a financial transaction device under section 28-620;3
criminal possession of a financial transaction device under section4
28-621; unlawful circulation of a financial transaction device in the5
first degree under section 28-622; unlawful circulation of a financial6
transaction device in the second degree under section 28-623; criminal7
possession of a blank financial transaction device under section 28-624;8
criminal sale of a blank financial transaction device under section9
28-625; criminal possession of a financial transaction forgery device10
under section 28-626; unlawful manufacture of a financial transaction11
device under section 28-627; laundering of sales forms under section12
28-628; unlawful acquisition of sales form processing services under13
section 28-629; unlawful factoring of a financial transaction device14
under section 28-630; and fraudulent insurance acts under section 28-631;15
(e) Offenses involving governmental operations which include: Abuse16
of public records under section 28-911; perjury or subornation of perjury17
under section 28-915; bribery under section 28-917; bribery of a witness18
under section 28-918; tampering with a witness or informant or jury19
tampering under section 28-919; bribery of a juror under section 28-920;20
assault on an officer, an emergency responder, a state correctional21
employee, a Department of Health and Human Services employee, or a health22
care professional in the first degree under section 28-929; assault on an23
officer, an emergency responder, a state correctional employee, a24
Department of Health and Human Services employee, or a health care25
professional in the second degree under section 28-930; assault on an26
officer, an emergency responder, a state correctional employee, a27
Department of Health and Human Services employee, or a health care28
professional in the third degree under section 28-931; and assault on an29
officer, an emergency responder, a state correctional employee, a30
Department of Health and Human Services employee, or a health care31
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professional using a motor vehicle under section 28-931.01;1
(f) Offenses involving gambling which include: Promoting gambling in2
the first degree under section 28-1102; possession of gambling records3
under section 28-1105; gambling debt collection under section 28-1105.01;4
and possession of a gambling device under section 28-1107;5
(g) Offenses relating to firearms, weapons, and explosives which6
include: Carrying a concealed weapon under section 28-1202;7
transportation or possession of machine guns, short rifles, or short8
shotguns under section 28-1203; unlawful possession of a handgun under9
section 28-1204; unlawful transfer of a firearm to a juvenile under10
section 28-1204.01; possession of a firearm by a prohibited juvenile11
offender under section 28-1204.05; using a deadly weapon to commit a12
felony, possession of a deadly weapon during the commission of a felony,13
or carrying a firearm or destructive device during the commission of a14
dangerous misdemeanor under section 28-1205; possession of a deadly15
weapon by a prohibited person under section 28-1206; possession of a16
defaced firearm under section 28-1207; defacing a firearm under section17
28-1208; unlawful discharge of a firearm under section 28-1212.02;18
possession, receipt, retention, or disposition of a stolen firearm under19
section 28-1212.03; unlawful possession of explosive materials in the20
first degree under section 28-1215; unlawful possession of explosive21
materials in the second degree under section 28-1216; unlawful sale of22
explosives under section 28-1217; use of explosives without a permit23
under section 28-1218; obtaining an explosives permit through false24
representations under section 28-1219; possession of a destructive device25
under section 28-1220; threatening the use of explosives or placing a26
false bomb under section 28-1221; using explosives to commit a felony27
under section 28-1222; using explosives to damage or destroy property28
under section 28-1223; and using explosives to kill or injure any person29
under section 28-1224; 30
(h) Any violation of the Securities Act of Nebraska pursuant to31
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section 8-1117; 1
(i) Any violation of the Nebraska Revenue Act of 1967 pursuant to2
section 77-2713; 3
(j) Offenses relating to public health and morals which include:4
Prostitution under section 28-801; pandering under section 28-802;5
keeping a place of prostitution under section 28-804; labor trafficking,6
sex trafficking, labor trafficking of a minor, or sex trafficking of a7
minor under section 28-831; a violation of section 28-1005; and any act8
relating to the visual depiction of sexually explicit conduct prohibited9
in the Child Sexual Abuse Material Prevention Act; and10
(k) A violation of the Computer Crimes Act; 11
(6) State means the State of Nebraska or any political subdivision12
or any department, agency, or instrumentality thereof; and13
(7) Unlawful debt means a debt of at least one thousand five hundred14
dollars: 15
(a) Incurred or contracted in gambling activity which was in16
violation of federal law or the law of the state or which is17
unenforceable under state or federal law in whole or in part as to18
principal or interest because of the laws relating to usury; or19
(b) Which was incurred in connection with the business of gambling20
in violation of federal law or the law of the state or the business of21
lending money or a thing of value at a rate usurious under state law if22
the usurious rate is at least twice the enforceable rate.23
Sec. 3. Section 28-1701, Revised Statutes Supplement, 2025, is24
amended to read: 25
28-1701 (1) A person shall not be arrested or prosecuted for an26
eligible alcohol or drug offense if such person witnessed or was the27
victim of a sexual assault and such person: 28
(a) Either: 29
(i) In good faith, reported such sexual assault to law enforcement;30
or 31
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(ii) Requested emergency medical assistance for the victim of the1
sexual assault; and 2
(b) Evidence supporting the arrest or prosecution of the eligible3
alcohol or drug offense was obtained or discovered as a result of such4
person reporting such sexual assault to law enforcement or requesting5
emergency medical assistance. 6
(2) A person shall not be arrested or prosecuted for an eligible7
alcohol or drug offense if: 8
(a) Evidence supporting the arrest or prosecution of the person for9
the offense was obtained or discovered as a result of the investigation10
or prosecution of a sexual assault; and 11
(b) Such person cooperates with law enforcement in the investigation12
or prosecution of the sexual assault. 13
(3) For purposes of this section: 14
(a) Eligible alcohol or drug offense means: 15
(i) A violation of subsection (3) or (14) (13) of section 28-416 or16
of section 28-441; 17
(ii) A violation of section 53-180.02 committed by a person older18
than eighteen years of age and under the age of twenty-one years, as19
described in subdivision (4)(a) of section 53-180.05;20
(iii) A violation of a city or village ordinance similar to21
subdivision (3)(a)(i) or (ii) of this section; or 22
(iv) Attempt, conspiracy, solicitation, being an accessory to,23
aiding and abetting, aiding the consummation of, or compounding a felony24
with any of the offenses in subdivision (3)(a)(i), (ii), or (iii) of this25
section as the underlying offense; and 26
(b) Sexual assault means: 27
(i) A violation of section 28-316.01, 28-319, 28-319.01, 28-320,28
28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04,29
28-322.05, 28-703, or 28-1805, sex trafficking or sex trafficking of a30
minor under section 28-831, or subdivision (1)(c) or (g) of section31
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28-386 or subdivision (1)(d), (e), or (f) of section 28-707; or1
(ii) Attempt, conspiracy, solicitation, being an accessory to,2
aiding and abetting, aiding the consummation of, or compounding a felony3
with any of the offenses listed in subdivision (3)(b)(i) of this section4
as the underlying offense. 5
Sec. 4. Original sections 28-416, 28-1354, and 28-1701, Revised6
Statutes Supplement, 2025, are repealed. 7
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