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Nebraska Disturbing the Peace and Trespass Laws (2026)

Independently fact-checkedBy Recording Law Editorial Team22 min read

Independently fact-checked against primary sources (last audited October 19, 2026). · 28 primary sources cited on this page. How we verify our legal content

Nebraska Disturbing the Peace and Trespass Laws (2026)

Nebraska has no state crime called disorderly conduct. The state offense is disturbing the peace under Nebraska Revised Statutes (Neb. Rev. Stat.) 28-1322: "Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace." It is a Class III misdemeanor, punishable by up to 3 months in jail, a $500 fine, or both.

Criminal trespass comes in two degrees, and neither is a felony. First degree (28-520), entering or secretly remaining in a building or occupied structure, or entering a fenced public power facility, is a Class I misdemeanor (up to 1 year, $1,000, or both). Second degree (28-521), entering or remaining where notice against trespass was given, is a Class III misdemeanor, raised to a Class II misdemeanor if the person defies an order to leave given in person by the owner or another authorized person. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nebraska's state statutes on disturbing the peace and related public-order offenses (Chapter 28), public intoxication custody (53-1,121), and criminal trespass (28-520 to 28-522, plus related wildlife and state-land sections). It does not cover city or village ordinances, local noise rules and quiet hours (see Nebraska noise laws), removing occupants from property (see Nebraska squatters' rights), use of force against an intruder (see Nebraska self-defense laws), civil trespass suits, or federal property rules.

Is disorderly conduct a crime in Nebraska?

Not under that name at the state level. Article 13 of Chapter 28, which holds Nebraska's public-order offenses, contains no disorderly conduct, riot, unlawful assembly, affray or failure-to-disperse offense. The general state offense for disruptive behavior is disturbing the peace. State law separately authorizes cities of the first class to "prevent and restrain riots, routs, noises, disturbances, breaches of the peace, or disorderly assemblies" (16-227), so local ordinances may also apply.

Disturbing the peace (28-1322)

The whole statute is two sentences:

"(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace. (2) Disturbing the peace is a Class III misdemeanor."

Two words carry the offense. The mental state is "intentionally," and the harm is disturbing "the peace and quiet" of a person, a family or a neighborhood. The statute does not list specific acts, so noise, shouting, fighting and similar conduct fall within it only when they meet those words. Loud noise is one common example; quiet hours and decibel limits are local matters covered in Nebraska noise laws.

Penalty

A Class III misdemeanor carries a maximum of "three months imprisonment, or five hundred dollars fine, or both," with no minimum (28-106(1)). Section 28-1322 has no felony form and no step-up for a repeat offense.

Swearing, yelling and being drunk in public

Section 28-1322 does not name language, profanity or yelling as separate forms; they count only if the person intentionally disturbs the peace and quiet of a person, family or neighborhood. In a 2017 case under Lincoln's disturbing-the-peace ordinance, the Nebraska Supreme Court described the state offense in 28-1322 this way: "Disturbing the peace, like the common-law offense of breach of the peace, is a violation of public order. The offense generally includes violent acts and acts and words likely to produce violence in others" (In re Interest of Elainna R., 298 Neb. 436 (2017)). In that case the court agreed there was no evidence the student used "fighting words," but held that by engaging in a fight she disturbed the peace of a school security officer who had to break it up.

Being drunk in public is not a stand-alone state crime. Under 53-1,121, an officer may take a person who is intoxicated and dangerous to self or others, or otherwise incapacitated, from public or quasi-public property, try to take the person home or to a facility, and otherwise hold the person in civil protective custody for no longer than 24 hours. The statute provides: "The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime."

Among the other public-order offenses in Chapter 28 are these, each a Class III misdemeanor (up to 3 months, $500, or both):

  • Unlawful picketing of a funeral (28-1320.03). A person commits the offense "if he or she engages in picketing from one hour prior to through two hours following the commencement of a funeral." "Picketing of a funeral" means "protest activities engaged in by a person or persons located within five hundred feet of a cemetery, mortuary, church, or other place of worship during a funeral," and "funeral" does not include funeral processions on public streets or highways (28-1320.02).
  • Mass picketing (28-1318). Picketing in which "pickets constitute an obstacle to the free ingress and egress to and from the premises being picketed or any other premises, or upon the public roads, streets, or highways," whether by their bodies, vehicles or other obstructions. "Each violation shall constitute a separate offense." The same article covers unlawful picketing that interferes with another person's right to work, interfering with picketing, and intimidating pickets (28-1317, 28-1319, 28-1320).
  • Loitering about a penal institution (28-914). Loitering about a jail or prison and having an unauthorized conversation with, or passing unauthorized messages to, an inmate, or failing or refusing "to leave the immediate vicinity of a penal institution when ordered to do so by a peace officer or correctional official." It is the only loitering offense in Chapter 28.

Nebraska's false-report, threat and swatting offenses carry different grades:

  • False reporting (28-907). Knowingly giving false material information to a peace officer or other official to start an investigation of an alleged crime or impede an investigation of an actual one, or knowingly false reports of an emergency or a need for emergency medical help, of a need for fire department help, or of the location of an explosive, is a Class I misdemeanor (up to 1 year, $1,000, or both). Knowingly false material information to a government department or agency that actually causes or impedes an investigation is an infraction.
  • Swatting (28-907.01). Since July 18, 2026, knowingly making a false or misleading report of criminal activity or a need for emergency medical services or firefighters to a law enforcement agency, 911 answering point or other emergency response organization, when the person knows or reasonably should know it is false or misleading and it results in a dispatch, is a Class I misdemeanor. It is a Class II felony (1 to 50 years) if it proximately results in serious bodily injury or causes a law enforcement officer to deploy or threaten to deploy deadly force, and a Class IB felony (20 years to life) if it proximately results in a death. The court must also order restitution of reasonable response costs.
  • Terroristic threats (28-311.01). Threatening to commit any crime of violence with intent to terrorize another, with intent to cause evacuation of a building, place of assembly or facility of public transportation, or in reckless disregard of the risk of causing such terror or evacuation, is a Class IIIA felony (up to 3 years and 18 months of post-release supervision, $10,000, or both).
  • Threatening the use of explosives or placing a false bomb (28-1221). Conveying a threat, or maliciously conveying knowingly false information, about an attempt to kill, injure or intimidate anyone or damage property by explosives, or placing an imitation bomb the person knows, intends or reasonably believes is likely to cause public alarm or inconvenience, is a Class IV felony (up to 2 years and 12 months of post-release supervision, $10,000, or both).
  • Intimidation by telephone call or electronic communication (28-1310). Calling or sending an electronic communication directly to a person with intent to intimidate, threaten or harass, while using obscene language, threatening injury to a person or property, or attempting extortion, is a Class III misdemeanor (up to 3 months, $500, or both).

Criminal trespass in Nebraska

Nebraska's trespass degrees run in the opposite order from what many readers expect: first degree, which protects buildings, is the more serious charge, and second degree, which covers posted or fenced land and places where a person was told to stay out, is the lighter one unless the person defies a personal order to leave.

Nebraska disorderly conduct and criminal trespass laws: degrees of criminal trespass

First degree criminal trespass (28-520)

Under 28-520(1), a person commits first degree criminal trespass if:

"(a) He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or (b) He or she enters or remains in or on a public power infrastructure facility knowing that he or she does not have the consent of a person who has the right to give consent to be in or on the facility."

A "public power infrastructure facility" is a power plant, electrical station or substation, or other facility a public power supplier uses for generating, transmitting or distributing electricity "and which is surrounded by a fence or is otherwise enclosed" (28-520(3)). The enclosure is part of the definition. First degree criminal trespass is a Class I misdemeanor (28-520(2)), punishable by up to 1 year, a fine of up to $1,000, or both (28-106(1)).

Second degree criminal trespass (28-521)

Under 28-521(1), a person commits second degree criminal trespass if, "knowing that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by":

  • "(a) Actual communication to the actor; or"
  • "(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or"
  • "(c) Fencing or other enclosure manifestly designed to exclude intruders except as otherwise provided in section 28-520."

Second degree criminal trespass is a Class III misdemeanor (up to 3 months, $500, or both), "except as provided for in subsection (5)" (28-521(4)).

Being told to leave

Being told directly is notice: "actual communication to the actor" is the first form of notice in 28-521(1). The statute then raises the grade for a person who refuses a personal order to leave:

"(5) Second degree criminal trespass is a Class II misdemeanor if the offender defies an order to leave personally communicated to him or her by the owner of the premises or other authorized person."

A Class II misdemeanor carries up to 6 months, a fine of up to $1,000, or both (28-106(1)).

Signs, fences and purple paint

Posting counts as notice when it is done "in a manner prescribed by law or reasonably likely to come to the attention of intruders," and a fence or other enclosure "manifestly designed to exclude intruders" is notice by itself. Section 28-521 sets no sign size, wording or spacing. Nebraska has no purple paint law: the trespass sections (28-520 to 28-522) and the Game Law private-land section (37-722) contain no paint-mark provision.

Statutory defenses

Section 28-522 provides that "It is an affirmative defense to prosecution under sections 28-520 and 28-521 that":

  • "(1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or"
  • "(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or"
  • "(3) The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him to enter or remain; or"
  • "(4) The actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river in this state and found it necessary to portage or otherwise transport the vessel around any fence or obstructions in such stream or river."

Drone trespass

Under amendments made by LB922 (approved April 19, 2022), second degree criminal trespass also covers a person who, knowing he or she is not licensed or privileged to do so, "intentionally causes an electronic device, such as an unmanned aircraft, to enter into, upon, or above the property of another, including such property owned by such person and leased or rented to another, with the intent to observe another person without his or her consent in a place of solitude or seclusion" (28-521(2)). It carries the second-degree penalties. Separately, since July 18, 2026, flying a drone in FAA-restricted airspace or Class B, C or D airspace without FAA approval and advance notice to the law enforcement agencies with jurisdiction, or failing to present the drone's FAA registration immediately when a peace officer asks, is a Class III misdemeanor (28-1358); the section exempts certain FAA-approved commercial operations by certified remote pilots outside FAA-designated restricted areas. See Nebraska drone laws.

  • Taking wildlife on private land without permission (37-722). "It shall be unlawful for anyone to take any wildlife upon any private lands without permission of the owner," or to trap or harvest fur-bearing animals on another's land without consent. The section's text turns on permission and does not require posting. Section 37-722 itself states no penalty; the Game Law's general penalty section, 37-248, makes a violation "where a penalty is not otherwise fixed" a Class III misdemeanor with "a mandatory fine of at least fifty dollars upon conviction."
  • State educational lands (72-245). Committing "waste or trespass, or other injury or damage," or destroying trees on the state's educational trust lands is a Class II misdemeanor (up to 6 months, $1,000, or both). These are state trust lands, not school grounds.

Is trespassing a felony in Nebraska?

No. Both degrees of criminal trespass are misdemeanors, the highest being first degree as a Class I misdemeanor. Felonies that involve entry or infrastructure are separate offenses with extra elements:

  • Burglary (28-507) requires that a person "willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with intent to steal property of any value." It is a Class IIA felony, punishable by up to 20 years (28-105(1)).
  • Criminal mischief to rail, communications or utilities (28-519(3)) is a Class III felony when the actor "acts intentionally or maliciously with the intent to cause a substantial interruption or impairment of" rail infrastructure, a telecommunication or broadband service, or the supply of water, gas or power. It is a damage offense, not an entry offense, and carries up to 4 years in prison and 2 years of post-release supervision, a $25,000 fine, or both. The Class III felony tier was added by LB150, effective on its approval, June 4, 2025.

Squatting is not a separate crime in Nebraska. A 2025 bill to create an unlawful squatting offense, LB443, was carried over into 2026 and indefinitely postponed on April 17, 2026, so it never became law. Occupancy disputes are covered in Nebraska squatters' rights, and the rules on force against an intruder in Nebraska self-defense laws.

Nebraska disturbing the peace and trespass penalties at a glance

OffenseStatuteWhat it prohibitsClassStatutory penalty
Disturbing the peace28-1322Intentionally disturbing the peace and quiet of any person, family or neighborhoodClass III misdemeanorUp to 3 months, $500, or both
Unlawful picketing of a funeral28-1320.03Protest within 500 feet of a cemetery, mortuary or place of worship, 1 hour before through 2 hours after a funeral beginsClass III misdemeanorUp to 3 months, $500, or both
Mass picketing and related picketing offenses28-1317 to 28-1320Picketing that blocks entrances or roads; interfering with work, with picketing, or intimidating picketsClass III misdemeanor (each violation separate)Up to 3 months, $500, or both
Loitering about a penal institution28-914Loitering at a jail or prison and contacting inmates, or refusing an order to leaveClass III misdemeanorUp to 3 months, $500, or both
False reporting28-907Knowingly false report to police or an official to start or impede an investigation, or false emergency, fire or explosive reportClass I misdemeanor (agency report that causes or impedes an investigation: infraction)Up to 1 year, $1,000, or both
Swatting28-907.01Knowingly false or misleading report to police or emergency responders that results in a dispatchClass I misdemeanor; Class II felony if serious bodily injury or deadly force results; Class IB felony if a death resultsUp to 1 year, $1,000, or both; felony tiers 1 to 50 years, or 20 years to life; mandatory restitution
Terroristic threats28-311.01Threatening a crime of violence to terrorize or cause an evacuation, or in reckless disregard of that riskClass IIIA felonyUp to 3 years plus 18 months post-release supervision, $10,000, or both
Threatening the use of explosives; false bomb28-1221Bomb threats or knowingly false explosive information; placing an imitation bomb likely to cause alarmClass IV felonyUp to 2 years plus 12 months post-release supervision, $10,000, or both
Intimidation by telephone or electronic communication28-1310Calls or messages meant to intimidate, threaten or harass, with obscenity, threats or extortionClass III misdemeanorUp to 3 months, $500, or both
First degree criminal trespass28-520Entering or secretly remaining in a building or occupied structure, or entering a fenced public power facility, without privilege or consentClass I misdemeanorUp to 1 year, $1,000, or both
Second degree criminal trespass28-521(1), (4)Entering or remaining where notice was given by communication, posting or fencingClass III misdemeanorUp to 3 months, $500, or both
Second degree trespass, defying an order to leave28-521(5)Defying an order to leave given in person by the owner or other authorized personClass II misdemeanorUp to 6 months, $1,000, or both
Drone trespass28-521(2)Sending a drone or other device over another's property to observe a person in a place of solitudeClass III misdemeanor (second degree criminal trespass)Up to 3 months, $500, or both
Taking wildlife on private land without permission37-722, 37-248Taking wildlife, or trapping fur-bearers, on private land without the owner's permissionClass III misdemeanorUp to 3 months, $500, or both; mandatory minimum fine of $50
Drone in restricted airspace28-1358Flying a drone in FAA-restricted or Class B, C or D airspace without FAA approval and notice to police, or not presenting FAA registration on requestClass III misdemeanorUp to 3 months, $500, or both
State educational lands trespass72-245Waste, trespass or damage on state educational trust landsClass II misdemeanorUp to 6 months, $1,000, or both
Criminal mischief to rail, communications or utilities28-519(3)Damage intended to substantially interrupt rail, telecom or broadband, or water, gas or power supplyClass III felonyUp to 4 years plus 2 years post-release supervision, $25,000, or both
Burglary28-507Forcibly breaking and entering with intent to commit a felony or stealClass IIA felonyUp to 20 years

Nebraska sets its penalties by class. The misdemeanor classes are in 28-106(1) and the felony classes in 28-105(1); for the full tables, see Nebraska felony classes and misdemeanor penalties.

Nebraska disorderly conduct and criminal trespass laws: court records and citations

Recent changes

  • 2026, LB935 (approved April 14, 2026). Created the swatting offense (28-907.01) and the drone restricted-airspace offense (28-1358), both operative July 18, 2026.
  • 2025, LB150 (approved June 4, 2025, with an emergency clause). Rewrote the criminal mischief statute, 28-519: acting intentionally or maliciously with intent to cause a substantial interruption or impairment of rail infrastructure, telecommunication or broadband service, or the supply of water, gas or power became a Class III felony (a substantial interruption of public communication, transportation, utility supply or other public service had been part of the Class IV felony subsection), and the act added definitions of "tamper" and "rail infrastructure."
  • 2025-2026, LB443 (unlawful squatting), not enacted. Indefinitely postponed April 17, 2026. Nebraska law has no separate squatting offense.
  • 2022, LB922 (approved April 19, 2022). Added drone and electronic-device intrusion to second degree criminal trespass (28-521(2)-(3)) and renumbered the penalty subsections as (4) and (5) without changing the classes.

Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.

This article provides general legal information about Nebraska's disturbing the peace, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Nebraska.

Last updated: 2026-10-18.

Frequently Asked Questions

Is disorderly conduct a crime in Nebraska?

Not under state law by that name. Nebraska's state offense is disturbing the peace under Neb. Rev. Stat. 28-1322, a Class III misdemeanor punishable by up to 3 months, $500, or both.

Is disturbing the peace a misdemeanor in Nebraska?

Yes. Section 28-1322 makes intentionally disturbing the peace and quiet of any person, family or neighborhood a Class III misdemeanor, with a maximum of 3 months in jail, a $500 fine, or both.

Is public intoxication illegal in Nebraska?

There is no stand-alone state public intoxication crime. Under 53-1,121, an intoxicated person who is dangerous or incapacitated in public may be held in civil protective custody for up to 24 hours, and that custody is not an arrest.

What are the degrees of criminal trespass in Nebraska?

First degree (28-520) covers buildings, occupied structures and fenced public power facilities and is a Class I misdemeanor. Second degree (28-521) covers places with notice by communication, posting or fencing and is a Class III misdemeanor, or Class II if the person defies an in-person order to leave.

Is trespassing a felony in Nebraska?

No. Both degrees of criminal trespass are misdemeanors. Burglary, a Class IIA felony, requires forcibly breaking and entering with intent to commit a felony or to steal (28-507).

Does Nebraska have a purple paint law?

No. Under 28-521, notice can be actual communication, posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or a fence or enclosure manifestly designed to exclude intruders.

What happens if an owner tells you to leave in Nebraska?

Actual communication is notice under 28-521(1)(a). Defying an order to leave personally communicated by the owner or another authorized person makes second degree criminal trespass a Class II misdemeanor, up to 6 months, $1,000, or both.

Is squatting a crime in Nebraska?

There is no separate squatting crime. The 2025 bill LB443, which would have created one, was indefinitely postponed on April 17, 2026. Entering or secretly remaining in a building knowing one is not licensed or privileged to do so is first degree criminal trespass under 28-520.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Neb. Rev. Stat. 28-1322, disturbing the peace(nebraskalegislature.gov).gov
  2. Neb. Rev. Stat. 28-106, misdemeanor classes and penalties(nebraskalegislature.gov).gov
  3. Neb. Rev. Stat. 53-1,121, civil protective custody of intoxicated persons(nebraskalegislature.gov).gov
  4. Neb. Rev. Stat. 28-1320.03, unlawful picketing of a funeral(nebraskalegislature.gov).gov
  5. Neb. Rev. Stat. 28-1320.02, funeral picketing definitions(nebraskalegislature.gov).gov
  6. Neb. Rev. Stat. 28-1318, mass picketing(nebraskalegislature.gov).gov
  7. Neb. Rev. Stat. 28-914, loitering about a penal institution(nebraskalegislature.gov).gov
  8. Neb. Rev. Stat. 28-520, criminal trespass, first degree(nebraskalegislature.gov).gov
  9. Neb. Rev. Stat. 28-521, criminal trespass, second degree(nebraskalegislature.gov).gov
  10. Neb. Rev. Stat. 28-522, criminal trespass affirmative defenses(nebraskalegislature.gov).gov
  11. Laws 2022, LB922 (slip law)(nebraskalegislature.gov).gov
  12. Neb. Rev. Stat. 37-722, taking wildlife on private land without permission(nebraskalegislature.gov).gov
  13. Neb. Rev. Stat. 72-245, waste or trespass on state educational lands(nebraskalegislature.gov).gov
  14. Neb. Rev. Stat. 28-507, burglary(nebraskalegislature.gov).gov
  15. Neb. Rev. Stat. 28-105, felony classes and penalties(nebraskalegislature.gov).gov
  16. Neb. Rev. Stat. 28-519, criminal mischief(nebraskalegislature.gov).gov
  17. LB443 (2025), unlawful squatting, bill history(nebraskalegislature.gov).gov
  18. Neb. Rev. Stat. 28-907, false reporting(nebraskalegislature.gov).gov
  19. Neb. Rev. Stat. 28-907.01, swatting(nebraskalegislature.gov).gov
  20. Neb. Rev. Stat. 28-311.01, terroristic threats(nebraskalegislature.gov).gov
  21. Neb. Rev. Stat. 28-1221, threatening the use of explosives; placing a false bomb(nebraskalegislature.gov).gov
  22. Neb. Rev. Stat. 28-1310, intimidation by telephone call or electronic communication(nebraskalegislature.gov).gov
  23. Neb. Rev. Stat. 28-1358, unmanned aircraft operation requirements(nebraskalegislature.gov).gov
  24. Laws 2026, LB935 (slip law)(nebraskalegislature.gov).gov
  25. Laws 2025, LB150 (slip law)(nebraskalegislature.gov).gov
  26. Neb. Rev. Stat. 37-248, Game Law general penalty(nebraskalegislature.gov).gov
  27. Neb. Rev. Stat. 16-227, city powers over riots and disorderly conduct(nebraskalegislature.gov).gov
  28. In re Interest of Elainna R., 298 Neb. 436 (2017), Nebraska Supreme Court opinion(nebraskajudicial.gov).gov
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