Nebraska Law on Trespassing

Criminal trespassing is a major offense in Nebraska.

Entering a property that does not belong to you is considered trespassing. The degree in which you will be charged depends on the situation in which the trespassing occurred. Criminal trespassing is considered a major offense in Nebraska.

Criminal Trespass First Degree

When you enter a building or occupied structure and know you are not licensed to do so, you are committing first-degree criminal trespass. First-degree criminal trespass is a Class I misdemeanor in Nebraska, with a maximum imprisonment of up to a year and/or a $1,000 fine.

Criminal Trespass Second Degree

You commit second-degree criminal trespass if you enter a property you are not licensed to enter and the property has a notice against trespassing. Notice can be given by posting in a manner prescribed by the law, communication to the would-be trespasser, or fencing and other enclosures designed to keep out intruders. Second-degree trespass is a Class II misdemeanor, with a maximum of six months imprisonment and/or a $1,000 penalty. If you defy an order to leave by the owner, you will be charged with a Class III misdemeanor, which carries a maximum of three months imprisonment and/or a $500 penalty.

Affirmative Defenses

You can mount several affirmative defenses to a trespass charge in Nebraska, including that the building was abandoned, that you reasonably believed the owner had given you license for access and that the property was open to the public.

References

• Justia: Nebraska: First Degree
• Justia: Nebraska: Second Degree
• Justia: Nebraska: Affirmative Defenses