Statute in Full:
§ 28-1001. Repealed. Laws 1990, LB 50, § 13.
§ 28-1002. Repealed. Laws 1990, LB 50, § 13.
§ 28-1003. Transferred to section 28-1010.
§ 28-1004. Terms, defined.
§ 28-1005. Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.
§ 28-1006. Investigation; arrest; seizure of property; reimbursement of expenses.
§ 28-1007. Sections, how construed.
§ 28-1008. Terms, defined.
§ 28-1009. Abandonment; cruelty; harassment of a police animal; penalty.
§ 28-1009.01. Violence on a service dog; interference with a service dog; penalty.
§ 28-1009.02 Equine; prohibited acts; penalty.
§ 28-1009.03 Bovine; prohibited acts; penalty.
§ 28-1010. Indecency with an animal; penalty.
§ 28-1011. Violations; liability for expenses.
§ 28-1012. Law enforcement officer; powers; immunity; seizure; court powers.
§ 28-1013. Sections; exemptions.
§ 28-1013.02 Bovine; sanctioned rodeos, animal racing, or pulling contests; activities; how construed.
§ 28-1014. Local regulation; authorized.
§ 28-1015. Ownership by child; applicability of penalties.
§ 28-1016. Game and Parks Commission; Game Law; sections, how construed.
§ 28-1017. Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty.
§ 28-1018. Sale of puppy or kitten; prohibited acts; penalty.
§ 28-1019 Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.
§ 28-1001. Repealed. Laws 1990, LB 50, § 13.
§ 28-1002. Repealed. Laws 1990, LB 50, § 13.
§ 28-1003. Transferred to section 28-1010.
§ 28-1004. Terms, defined.
As used in this section and section 28-1005, unless the context otherwise requires:
(1) Bearbaiting shall mean the pitting of any animal against a bear;
(2) Cockfighting shall mean the pitting of a fowl against another fowl;
(3) Dogfighting shall mean the pitting of a dog against another dog; and
(4) Pitting shall mean bringing animals together in combat.
Source: Laws 1988, LB 170, § 2.
§ 28-1005. Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.
(1) No person shall knowingly:
(a) Promote, engage in, or be employed at dogfighting, cockfighting, bearbaiting, or pitting an animal against another;
(b) Receive money for the admission of another person to a place kept for such purpose;
(c) Own, use, train, sell, or possess an animal for such purpose; or
(d) Permit any act as described in this subsection to occur on any premises owned or controlled by him or her.
(2) Any person violating subsection (1) of this section shall be guilty of a Class IV felony.
(3) No person shall knowingly and willingly be present at and witness as a spectator dogfighting, cockfighting, bearbaiting, or the pitting of an animal against another as prohibited in subsection (1) of this section. Any person who violates any provision of this subsection shall be guilty of a Class IV felony.
Source: Laws 1988, LB 170, § 3; Laws 2003, LB 273, § 3.
§ 28-1006. Investigation; arrest; seizure of property; reimbursement of expenses.
(1) It shall be the duty of the sheriff, a police officer, or the Nebraska State Patrol to make prompt investigation of and arrest for any violation of section 28-1005.
(2) Any animal, equipment, device, or other property or things involved in any violation of section 28-1005 shall be subject to seizure, and disposition may be made in accordance with the method of disposition directed for contraband in section 29-820.
(3) Any animal involved in any violation of section 28-1005 shall be subject to seizure. Distribution or disposition may be made in such manner as the court may direct. The court may give preference to adoption alternatives through humane societies or comparable institutions and to the protection of such animal's welfare. For a humane society or comparable institution to be considered as an adoption alternative under this subsection, it must first be licensed by the Department of Agriculture as having passed the inspection requirements in the Commercial Dog and Cat Operator Inspection Act and paid the fee for inspection under the act. The court may prohibit an adopting or purchasing party from selling such animal for a period not to exceed one year.
(4) In addition to any other sentence given for a violation of section 28-1005, the sentencing court may order the defendant to reimburse a public or private agency for expenses incurred in conjunction with the care, impoundment, or disposal, including adoption, of an animal involved in the violation of such section. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.
Source: Laws 1988, LB 170, § 4; Laws 1997, LB 551, § 1; Laws 2002, LB 82, § 5.
§ 28-1007. Sections, how construed.
Sections 28-1004 to 28-1006 shall not be construed to amend or in any manner change the authority of the Game and Parks Commission under the Game Law, to prohibit any conduct authorized or permitted in the Game Law, or to prohibit the training of dogs for any purpose not prohibited by law.
Source: Laws 1988, LB 170, § 5; Laws 1998, LB 922, § 393.
§ 28-1008. Terms, defined.
For purposes of sections 28-1008 to 28-1017 and 28-1019:
(1) Abandon means to leave any animal in one's care, whether as owner or custodian, for any length of time without making effective provisionfor its food, water, or other care as is reasonably necessary for the animal's health;
(2) Animal means any vertebrate member of the animal kingdom. The term does not include an uncaptured wild creature;
(3) Bovine means a cow, an ox, or a bison;
(4) Cruelly mistreat means to knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any animal;
(5) Cruelly neglect means to fail to provide any animal in one's care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal's health;
(6) Equine means a horse, pony, donkey, mule, hinny, or llama;
(7) Humane killing means the destruction of an animal by a method which causes the animal a minimum of pain and suffering;
(8) Law enforcement officer means any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of any city or village, or any other public official authorized by a city or village to enforce state or local animal control laws, rules, regulations, or ordinances. Law enforcement officer also includes any inspector under the Commercial Dog and Cat Operator Inspection Act to the extent that such inspector may exercise the authority of a law enforcement officer under section 28-1012 while in the course of performing inspection activities under the Commercial Dog and Cat Operator Inspection Act;
(9) Mutilation means intentionally causing permanent injury, disfigurement, degradation of function, incapacitation, or imperfection to an animal. Mutilation does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices;
(10) Police animal means a horse or dog owned or controlled by the State of Nebraska for the purpose of assisting a Nebraska state trooper in the performance of his or her official enforcement duties;
(11) Repeated beating means intentional successive strikes to an animal by a person resulting in serious bodily injury or death to the animal;
(12) Serious injury or illness includes any injury or illness to any animal which creates a substantial risk of death or which causes broken bones, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ; and
(13) Torture means intentionally subjecting an animal to extreme pain, suffering, or agony. Torture does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices.
Source: Laws 1990, LB 50, § 1; Laws 1995, LB 283, § 2; Laws 2003, LB 273, § 4; Laws 2006, LB 856, § 11; Laws 2007, LB227, § 1; Laws 2008, LB764, § 2; Laws 2008, LB1055, § 2.
Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB764, section 2, with LB1055, section 2, to reflect all amendments.
Note: Changes made by LB1055 became effective April 22, 2008. Changes made by LB764 became effective July 18, 2008.
§ 28-1009. Abandonment; cruel neglect; harassment of a police animal; penalty.
(1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony.
(2)(a) Except as provided in subdivision (b) of this subsection, a person who cruelly mistreats an animal is guilty of a Class I misdemeanor for the first offense and a Class IV felony for any subsequent offense.
(b) A person who cruelly mistreats an animal is guilty of a Class IV felony if such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal.
(3) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate, or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties. Harassment of a police animal is a Class IV misdemeanor unless the harassment is the proximate cause of the death of the police animal, in which case it is a Class IV felony.
Source: Laws 1990, LB 50, § 2; Laws 1995, LB 283, § 3; Laws 2002, LB 82, § 6; Laws 2003, LB 273, § 5; Laws 2007, LB 227, § 2. Effective date September 1, 2007.
§ 28-1009.01. Violence on a service dog; interference with a service dog; penalty.
(1) A person commits the offense of violence on a service animal when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.
(2) A person commits the offense of interference with a service animal when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionallyimpede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.
(3) Evidence that the defendant initiated or continued conduct toward an animal as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf, hearing-impaired, or physically limited person being served or assisted by the animal shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.
(4) For purposes of this section:
(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;
(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;
(c) Hearing-impaired person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;
(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and
(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.
(5) Violence on a service animal or interference with a service animal is a Class III misdemeanor.
Source: Laws 1997, LB 814, § 1; Laws 2008, LB806, § 11. Effective date July 18, 2008.
§ 28-1009.02 Equine; prohibited acts; penalty.
(1) No person shall intentionally trip or cause to fall, or lasso or rope the legs of, any equine by any means for the purpose of entertainment, sport, practice, or contest.
(2) Violation of this section is a Class I misdemeanor.
Source: Laws 2008, LB764, § 3. Effective date July 18, 2008
§ 28-1009.03 Bovine; prohibited acts; penalty.
(1) No person shall intentionally trip, cause to fall, or drag any bovine by its tail by any means for the purpose of entertainment, sport, practice, or contest.
(2) Violation of this section is a Class I misdemeanor.
Source: Laws 2008, LB764, § 4. Effective date July 18, 2008
§ 28-1010. Indecency with an animal; penalty.
A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in subdivision (6) of section 28-318. Indecency with an animal is a Class III misdemeanor.
Source: Laws 1977, LB 38, § 216; Laws 1978, LB 748, § 16; R.S.1943, (1989), § 28-1003; Laws 1990, LB 50, § 3.
§ 28-1011. Violations; liability for expenses.
(1) In addition to any other sentence given for a violation of section 28-1009 or 28-1010, the sentencing court may order the defendant to reimburse a public or private agency for expenses incurred in conjunction with the care, impoundment, or disposal of an animal involved in the violation of such section. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.
(2) Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all expenses incurred by a public or private agency in conjunction with the care, impoundment, or disposal of an animal. The expenses shall be a lien upon the animal.
Source: Laws 1990, LB 50, § 5; Laws 1997, LB 551, § 2.
§ 28-1012. Law enforcement officer; powers; immunity; seizure; court powers.
(1) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.
(2) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed in sections 29-422 to 29-429.
(3) Any animal, equipment, device, or other property or things involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure and distribution or disposition may be made in such manner as the court may direct.
(4) Any animal involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure. Distribution or disposition may be made in such manner as the court may direct. The court may consider adoption alternatives through humane societies or comparable institutions and the protection of such animal's welfare. For a humane society or comparable institution to be considered as an adoption alternative under this subsection, it must first be licensed by the Department of Agriculture as having passed the inspection requirements in the Commercial Dog and Cat Operator Inspection Act and paid the fee for inspection under the act. The court may prohibit an adopting or purchasing party from selling such animal for a period not to exceed one year.
(5) Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence.
Source: Laws 1990, LB 50, § 4; Laws 1997, LB 551, § 3; Laws 2002, LB 82, § 7.
§ 28-1013. Sections; exemptions.
Sections 28-1008 to 28-1017 and 28-1019 shall not apply to:
(1) Care or treatment of an animal by a veterinarian licensed under the Nebraska Veterinary Practice Act until December 1, 2008, and the Veterinary Medicine and Surgery Practice Act on and after December 1, 2008;
(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the normal course of his or her duties;
(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2003;
(4) Commonly accepted practices of hunting, fishing, or trapping;
(5) Commonly accepted practices occurring in conjunction with sanctioned rodeos, animal racing, or pulling contests;
(6) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the owner's request;
(7) Commonly accepted practices of animal husbandry with respect to farm animals and commercial livestock operations, including their transport from one location to another and nonnegligent actions taken by personnel or agents of the NebraskaDepartment of Agriculture or the United States Department of Agriculture in the performance of duties prescribed by law;
(8) Use of reasonable force against an animal, other than a police animal, which is working, including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or custodian and is injuring or posing an immediate threat to any person or other animal;
(9) Killing of house or garden pests;
(10) Commonly followed practices occurring in conjunction with the slaughter of animals for food or byproducts; and
(11) Commonly accepted animal training practices.
Source: Laws 1990, LB 50, § 6; Laws 1995, LB 283, § 4; Laws 2003, LB 273, § 6; Laws 2007, LB463, § 1127; Laws 2008, LB764, § 5; Laws 2008, LB1055, § 4.
Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB764, section 5, with LB1055, section 4, to reflect all amendments.
Note: Changes made by LB1055 became effective April 22, 2008. Changes made by LB764 became effective July 18, 2008.
§ 28-1013.02 Bovine; sanctioned rodeos, animal racing, or pulling contests; activities; how construed.
The intentional tripping, causing to fall, or dragging of any bovine by its tail by any means for the purpose of entertainment, sport, practice, or contest shall not be considered a commonly accepted practiceoccurring in conjunction with sanctioned rodeos, animal racing, or pulling contests.
Source: Laws 2008, LB764, § 7. Effective date July 18, 2008 Sec. 5.
§ 28-1014. Local regulation; authorized.
Any city, village, or county may adopt and promulgate rules, regulations, and ordinances which are not inconsistent with the provisions of sections 28-1008 to 28-1017 and 28-1019 for the protection of the public, public health, and animals within its jurisdiction.
Source: Laws 1990, LB 50, § 7; Laws 2003, LB 273, § 7; Laws 2008, LB764, § 8; Laws 2008, LB1055, § 5.
Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB764, section 8, with LB1055, section 5, to reflect all amendments.
Note: Changes made by LB1055 became effective April 22, 2008. Changes made by LB764 became effective July 18, 2008.
§ 28-1015. Ownership by child; applicability of penalties.
When an animal is owned by a minor child, the parent of such minor child with whom the child resides or legal guardian with whom the child resides shall be subject to the penalties provided under sections 28-1008 to 28-1017 and 28-1019 if the animal is abandoned or cruelly neglected.
Source: Laws 1990, LB 50, § 8; Laws 2003, LB 273, § 8; Laws 2008, LB764, § 9; Laws 2008, LB1055, § 6.
Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB764, section 9, with LB1055, section 6, to reflect all amendments.
Note: Changes made by LB1055 became effective April 22, 2008. Changes made by LB764 became effective July 18, 2008.
§ 28-1016. Game and Parks Commission; Game Law; sections, how construed.
Nothing in sections 28-1008 to 28-1017 and 28-1019 shall be construed as amending or changing the authority of the Game and Parks Commission as established in the Game Law or to prohibit any conduct authorized or permitted by such law.
Source: Laws 1990, LB 50, § 9; Laws 2003, LB 273, § 9; Laws 2008, LB764, § 10; Laws 2008, LB1055, § 7.
Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB764, section 10, with LB1055, section 7, to reflect all amendments.
Note: Changes made by LB1055 became effective April 22, 2008. Changes made by LB764 became effective July 18, 2008.
§ 28-1017. Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty.
(1) For purposes of this section:
(a) Reasonably suspects means a basis for reporting knowledge or a set of facts that would lead a person of ordinary care and prudence to believe and conscientiously entertain a strong suspicion that criminal activity is at hand or that a crime has been committed; and
(b) Employee means any employee of an agency relating to a governmental child or adult protective services, animal control, or animal abuse.
(2) Any employee, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the employee to reasonably suspect that an animal has been abandoned, cruelly neglected, or cruelly mistreated shall report such to the entity or entities that investigate such reports in that jurisdiction.
(3) The report shall be made within two working days of acquiring the information concerning the animal by facsimile transmission of a written report presented in the form described in subsection (6) of this section or by telephone. When an immediate response is necessary to protect the health and safety of the animal or others, the report shall be made by telephone as soon as possible.
(4) Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected animal abandonment, cruel neglect, or cruel mistreatment. Any person making a report under this section is immune from liability except for false statements of fact made with malicious intent.
(5) Reports made pursuant to this section shall include:
(a) The reporter's name and title, business address, and telephone number;
(b) The name, if known, of the animal owner or custodian, whether a business or individual;
(c) A description of the animal or animals involved, person or persons involved, and location of the animal or animals and the premises; and
(d) The date, time, and a description of the observation or incident which led the reporter to reasonably suspect animal abandonment, cruel neglect, or cruel mistreatment and any other information the reporter believes may be relevant.
(6) Reports made pursuant to this section may be made on preprinted forms prepared by the entity or entities that investigate reports of animal abandonment, cruel neglect, or cruel mistreatment in that jurisdiction. The form shall include space for the information required under subsection (5) of this section.
(7) When two or more employees jointly have observed or reasonably suspected animal abandonment, cruel neglect, or cruel mistreatment and there is agreement between or among them, a report may be made by one person by mutual agreement. Any reporter who has knowledge that the person designated to report has failed to do so shall thereafter make the report.
(8) Any employee failing to report under this section shall be guilty of an infraction.
Source: Laws 2003, LB 273, § 1.
§ 28-1018. Sale of puppy or kitten; prohibited acts; penalty.
(1) A person, other than an animal control facility or animal shelter, who sells a puppy or kitten under eight weeks of age without its mother is guilty of a Class V misdemeanor.
(2) For purposes of this section:
(a) Animal control facility means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; and
(b) Animal shelter means a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.
Source: Laws 2003, LB 17, § 5; Laws 2006, LB 856, § 12. Effective date July 14, 2006.
§ 28-1019 Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.
(1)(a) If a person is convicted of a Class IV felony under section 28-1005 or 28-1009, the sentencing court shall order such person not to own, possess, or reside with any animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years. Any person violating such court order shall be guilty of a Class I misdemeanor.
(b) If a person is convicted of a Class I misdemeanor under subdivision (2)(a) of section 28-1009 or a Class III misdemeanor under section 28-1010, the sentencing court may order such person not to own, possess, or reside with any animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor.
(c) Any animal involved in a violation of a court order under subdivision (a) or (b) of this subsection shall be subject to seizure by law enforcement.
(2) This section shall not apply to any person convicted under section 28-1005 or 28-1009 if a licensed physician confirms in writing that ownership or possession of or residence with an animal is essential to the health of such person.
Source: Laws 2008, LB1055, § 3. Effective date April 22, 2008
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