In Nebraska it is illegal for anyone younger than 21 years old to possess, consume, sell, or dispense alcohol (with some exceptions, see below). Any minor that violates this law will be charged with a Class III Misdemeanor and may be subject to additional penalties, depending on the violator’s age.
Neb. Rev. Stat. § 53-180.02 and Neb. Rev. Stat. § 53-180.05
Nebraska law sentences violators who are older than 18 years of age differently than violators younger than 18. Someone who is older than 18 years will face one or both of the following penalties: A fine of up to $500, and up to 3 months imprisonment.
Neb. Rev. Stat. § 53-180.05.
Nebraska treats violators who are 18 years old or younger harsher than those who are older than 18. Sentencing for offenders 18 years old or younger depends on the number of convictions an offender has and whether an offender has a driver’s license.
First offense. A violator who is 18 years of age or younger, has a driver’s license, and is a first time violator will face any or all of the following penalties:
Second offense. Someone who is 18 years of age or younger, has a driver’s license, and is a second time offender will be sentenced to any or all of the following:
Third offense. Those who are 18 years of age or younger, have a driver’s license, and are convicted of a third offense face any or all of the following penalties:
Neb. Rev. Stat. § 53-181
First offense. An underage defendant who is 18 years of age or younger, is a first time offender, but does not have a driver’s license is subject to any or all of the following penalties:
Second offense. A second time offender who is 18 years or younger and does not have a driver’s license may face any or all of the following penalties:
Third offense. Violators that are 18 or younger, do not have a driver’s license and are convicted of a third offense may be subjected to the following penalties:
Neb. Rev. Stat. § 53-181
Nebraska law allows someone younger than 21 years old to possess, consume or dispense alcohol in two situations: When they are taking part in genuine religious services, or when they are in their permanent place of residence.
Neb. Rev. Stat. § 53-180.02
In Nebraska, it is illegal for anyone to sell, give or deliver alcohol to any person younger than 21 years of age. It is also illegal for any person to dispose of or buy alcohol for any person younger than 21 years old.
Neb. Rev. Stat. § 53-180
Violators of Nebraska’s illegal sales laws are classified as either "general offenders” (those who are not aware that they’ve broken the law), and those who “knowingly and intentionally” violate the MIP laws.
Neb. Rev. Stat. § 53-180 (1) and (2)
Offenders who do not knowingly and intentionally violate Nebraska’s illegal sales law may be convicted of a Class I misdemeanor. They may be sentenced to either or both of the following: A fine of up to $1000, and up to 6 months in jail.
Neb. Rev. Stat. § 53-180.05 (1)
Violators who knowingly and intentionally violate Nebraska’s illegal sales laws face harsher sentences than general offenders. A violator who knows his or her actions will violate Nebraska’s illegal sales laws, yet intentionally proceeds with his or her actions, will be found guilty of a Class IIIA felony. Sentences include one or both of the following: up to $10,000 fine, and up to 5 years imprisonment.
Neb. Rev. Stat. § 53-180.05
A violator who knowingly and intentionally provides alcohol to a minor, when the minor’s consumption of the alcohol provided results in serious injury or death to any person, must receive at least 30 days in jail as part of any sentence.
Neb. Rev. Stat. § 53-180.05 (2)
Nebraska prohibits any person younger than 21 years old from misrepresenting their age in obtaining or attempting to obtain alcohol in any place where alcohol is sold.
Neb. Rev. Stat. § 53-180.01
Nebraska requires law enforcement officers who arrest minors for violating Nebraska MIP laws to make a reasonable effort to notify the minor’s parents or guardian about the arrest.
Neb. Rev. Stat. § 530-180.05
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