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1 Penalties related to monetary amounts: Offense Current Law LB Intentionally employing or possessing a devise to cheat at bingo Class I Pickle cards Lottery Possessing or employing device for cheating lottery filing false claim with county Class I Class I Class I $1000 $100 - $1000 Class II misd. Less than $100 Class III misd Arson $100 or more Class IV Less than $100 Class I misd. $1500 = $500 - $1500 Class II misd I misd Possession lost mislaid $200 or less Class III misd. $500 or less Class III misd. property - theft Theft $1500 or more Class III $1000 Less than $200 Class II misd. $5000 $1500 Class I Criminal Mischief $1500 or more $5000 or more $1500 Class I misd. Class II misd. $200 or less Class III misd. $1500 or more but less than $5000 Class I misd. $1000 Class II misd. $500 or less Class III misd.

2 Criminal possession of forged instrument $1000 or more Class III $300 or more but less than $1000 $300 or less Class I misd $5000 $1500 Class I Bad Checks $1500 or more Class III $1000 Less than $200 Class II misd No account check $1500 or more Class III $ $1500 Class I misd. Less than $200 Class II misd. Subsequent $500 or more Class III misd; Class IV if less than $ Unauthorized use of financial transaction device Criminal possession of financial transaction device Unlawful circulation of a financial transaction device 1 st degree Unlawful manufacturer of financial transaction device fraudulent insurance act $1500 or more Class III $1000 Less than $200 Class II misd Four or more devices-class III Class III Class III $1500 or more Class III $1000 $5000 $1500 Class I $5000 or more Class III $1500 or more but less than $5000 $1500 Class I misd. misd. Subsequent - $1500 or more Class III; less than $1500 Class IV $5000 $1500 Class I Four or more Class IIA Class IIA Class IIA 1500 but less than $5000 Class IV $1500 Class I 2

3 Criminal impersonation $1500 or more Class III $1000 Less than $200 Class II misd Identity Theft $1000 or more Class III $300 or more but less than $1000 $300 or less Class I misd Accessing computer system to obtain services $5000 $1500 Class I $5000 $1500 Class I When value of services is $5000 $1500 Class I Damaging computers or networks False statements to obtain HHS benefits False statements to obtain food instruments alter or transfers electronic benefits unlawfully possess a food instrument $5000 $1500 Class I Aggregate value obtained or attempted to obtain over $500 but less than $ Class III Aggregate value obtained or attempted to obtain over $500 but less than $ Class III 3

4 Section is amended by dividing felonies from nine to ten categories as follows Class I Class I A Class IB Class 1C Class 1 D Class II Class IIA Class III Class IIIA Death Life imprisonment Maximum life imprisonment Minimum 20 years Maximum fifty Minimum 50 years Max 50 years Mandatory minimum 3 years Maximum -50 years Minimum 1 year Maximum twenty years Minimum None Maximum four years and two years post release or $25,000 fine or both Minimum none for imprisonment and 9 months post-release supervision if imprisonment is imposed Maximum three years and 18 months post-release supervision or$10,000 or both Minimum none for imprisonment 9 months post-release supervision if imprisonment is imposed Class IV Maximum two years imprisonment and 12months post release supervision or $10,000 fine or both Minimum none for imprisonment and nine month post-release supervision if imprisonment is imposed. All sentences for maximum terms of imprisonment for one year or more for felonies will be served in institutions under the jurisdiction of the Department of Correctional Services. All sentences for maximum terms of imprisonment of less than one year shall be served in the county jail. Misdemeanor classifications remain the same. Neb. Rev. Stat is amended to read: Sentences of imprisonment in cases shall be served in the county jail, except that the sentence is to be served concurrently or consecutively with a term for conviction of a and combined sentences total a term of one year or more (4) is amended to read: Criminal Attempt is (b) A Class IIA when the crime attempted is a Class II ; (c) A Class IIIA when the crime attempted is a Class II A (d) A when the crime attempted is a Class III or Class IIIA (e) A Class I when the crime attempted is a Class IV. Neb. Rev. Stat (b) is amended to include Class IIA felonies. Neb. Rev. Stat (2) is amended to read: Manslaughter is a Class IIA changed from a Class III. 4

5 amended to read: If the proximate cause of death of another is the operation of a motor vehicle in violation of section 60-6,196 or 60-6, motor vehicle homicide is a Class IIA III is amended to read: (2) Assault in the second degree shall be a Class IIA changed from a Class III is amended to read: Strangulation is a Class IIIA changed from Class IV. (3) Strangulation is a Class IIA changed from the Class III if the person used a dangerous instrument or caused serious bodily injury Child enticement under (3) (a)(b)(c)(d) or (e). Class IIA from a Class III Terrorist threats is amended to a Class IIIA from a (2) is amended to read that any person convicted of violating section is guilty of a Class IIIA from a if the person has a prior conviction, the victim is under 16 years of age, and the person possessed a deadly weapon Intrusion without consent in a place of seclusion Amended to read: (c) Violation of this section is a Class IIA from a Class III (if distributed) is amended so that sexual assault in the second degree is a Class IIA changed from Class III amended sexual abuse of an inmate or parolee in the first degree is a Class IIA changed for a Class III amended sexual abuse of an inmate or parolee in the 2 nd degree Class IIIA changed from Class IV amended sexual penetration of a protected person Class IIA changed from a Class III amended sexual contact of a protected person Class IIIA changed from a Class IV Subsequent violation of domestic assault of 1(a)(b) Class IIIA changed from a IV Subsequent violation of (2) domestic assault in the 2 nd degree is a Class IIA changed from a Class III. Violation of (3) domestic assault in first degree is a Class IIA changed from a Class III Assault of an unborn child in the first degree Class IIA changed from a Class III motor vehicle homicide of unborn child Class III A changed from a If in violation of 6-6, 196 or and has a prior Class IIA changed from a Class III assault of unborn child Class IIA changed form a Class III Any other controlled substance classified in Schedule I, II, or III of section shall be guilty of a Class IIA changed from a Class III. 5

6 Burglary is a Class IIA changed from a Class III incest Current law is that incest is a Class III. New language: except that incest with a person who is under eighteen years of age is a Class IIA Child Abuse is amended to read: (6) Child abuse is a Class IIA changed from a III if the offense is committed negligently and results in the death of such child Possession pornography Amended to read: (b) Any person who is 19 years or older at the time he or she violates this section shall be guilty of a Class IIA changed from a Class III for each offense Escape; Amended to add the following: New Language: Escape is a Class IIA when the actor employs force, threat, deadly weapon, or other dangerous instrumentality to effect the escape Assault by confined person Amended: from Class III to Class IIA Dogfighting; cockfighting amended from a to a Class IIIA Animal neglect Amended subsequent offenses from to Class IIIA. 1(b) torture of animal from Class IV to Class IIIA; (3) harassment of police animal from Class IV to Class IIIA Gambling Amended Bets or scheme to over $1500 from $ Receiving gambling proceeds Amended from $1000 to $ Promoting gambling Amended from less than $300 to less than $ Possession of stolen firearm Amended from a Class III to a Class IIA Using explosives to commit a is changed from a Class III to a Class IIA Using explosives to kill or injure is changed from a Class III for a Class IIA Selling porn (b) 19 or older shall be guilty of a Class IIA from a Class III Changes from Class III Felony in (1)(a)(ii) to a Class IIA as one of the offenses when an accused younger than 18 but older than 14 can be arraigned in county or district court See p. 63 of amendment See p of the amendment See p. 86. of the amendment 6

7 Violations of sex offender registration act If previously convicted; the penalty is changed from Class III to a Class IIA. If a caused the registration it shall be a Class IIIA 60-6, Amends penalty for four or more convictions from Class III to Class IIA. 60-6, Driving on a 15 year suspension is amended from a Class III to a Class IIA. 7

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