Nebraska landowners take their property rights seriously. After a harmless prank, you may find yourself facing trespassing charges.
Criminal trespass charges might apply any time you’re on someone’s property without permission.
If you face trespassing charges, you need an experienced criminal defense attorney. You don’t want these charges on your criminal record.
Attorney Thomas Petersen at Petersen Criminal Law can help. Tom has represented thousands of clients who face criminal charges.
If you want to know how to get a trespassing charge dropped, contact our attorney, Thomas Petersen, today. He uses his extensive knowledge of Nebraska law to try to get your charges reduced or dismissed.
Contact a criminal defense attorney for a free consultation, where you can discuss your trespassing charge and legal options. To learn more about Nebraska trespassing laws, keep reading.
Key Points
- Nebraska divides trespassing into first-degree and second-degree offenses, with charges depending on where the person entered and whether they knew they lacked permission to be there.
- Trespassing penalties range from Class III to Class I misdemeanors, carrying potential jail time and fines up to $1,000, depending on the degree and whether a person ignored an order to leave.
- Strong defenses may help reduce or dismiss charges—including having permission, lack of knowledge, abandoned property, public access, or entering due to an emergency—making early legal representation essential.
What Are Trespassing Laws in Nebraska?
Nebraska law divides criminal trespass into two categories, first and second degree, depending on the circumstances of the trespass.
Criminal Trespass 1st-Degree
A person commits criminal trespass 1st-degree if they:
- Enter or secretly remain in any building, occupied structure, or separately secured portion of a building; and
- Know that they do not have permission to be in the building or structure.
It is also criminal trespass 1st-degree to enter a power plant or electrical station without an authority’s consent.
These charges apply even if you have permission to be in a portion of a building but enter an unauthorized portion of the building. For instance, you might have permission to be in a retail store.
However, if you sneak into the manager’s office, you could face 1st-degree criminal trespass charges.
Criminal Trespass 2nd-Degree
A person commits criminal trespass 2nd-Degree if they enter or remain in any place after they know that they do not have permission to be in the place and
- Receive communication that forbids trespass;
- See a “No Trespassing” sign or other posting forbidding trespass; or
- Encounter fencing or another enclosure designed to exclude intruders.
You might not see a “No Trespassing” sign on the property. Nonetheless, if the sign was placed in a position visible to the public, your defense of lack of knowledge might not work.
A skilled criminal defense attorney can help you present your best defense against criminal trespass 2nd-degree charges.
What Are Nebraska Trespassing Penalties?
First-degree criminal trespass is a Class I misdemeanor, punishable by:
- Up to a year in jail, and
- Up to a $1,000 fine.
Second-degree criminal trespass is a Class III misdemeanor, punishable by:
- Up to three months in jail, and
- Up to a $500 fine.
If a property owner orders a person to leave and they defy that order, second-degree criminal trespass penalties increase.
In that situation, second-degree criminal trespass is a Class II misdemeanor, punishable by:
- Up to six months in jail, and
- Up to a $1,000 fine.
The specific factors in your trespass charge will determine which penalty applies. A criminal defense attorney can try to get your trespass charge reduced or dismissed.
Defenses to Trespass
Your Nebraska criminal defense attorney can present several defenses to trespass:
- You had the owner’s permission to be on the property,
- The building was abandoned,
- The property was open to the public,
- You did not know you were on someone’s property without permission, and
- You were on the person’s property in an emergency.
The criminal burden of proof is beyond a reasonable doubt. That means that the prosecution has to prove each element of your trespassing charge.
However, your criminal defense attorney only has to cast doubt in the judge or jury’s mind about one element for you to receive an acquittal.
Frequently Asked Questions
What’s the difference between first-degree and second-degree criminal trespass in Nebraska?
First-degree trespass involves entering or remaining in a building or occupied structure without permission, while second-degree trespass generally applies to entering or remaining on land, like a fenced field or posted property, without a building being involved. First-degree is typically treated as the more serious of the two.
Does it matter if you didn’t realize you were on someone else’s property when trespassing?
It can be relevant to your defense. Nebraska’s trespass statute generally requires that you knew you didn’t have permission to be there, so a genuine, reasonable mistake about property boundaries or ownership can be raised as a defense, though the specific facts matter significantly.
Can you be charged with trespassing on public property, like a park after hours?
Yes. Trespassing charges aren’t limited to private property; entering or remaining on public property after posted hours or in a restricted area, like a closed park, can also result in a citation or trespassing charge.
Can a trespassing charge be dismissed if the property owner doesn’t want to press charges?
Not automatically, since trespassing is prosecuted by the state rather than the property owner personally. However, a property owner’s willingness to not pursue the matter can be a meaningful factor an attorney can raise when negotiating with the prosecutor.
Contact a Nebraska Criminal Defense Lawyer Today
If you need legal advice about your Omaha criminal trespassing charge, call Attorney Tom Petersen. At Petersen Criminal Law, Tom Petersen represents thousands of criminal defendants.
He doesn’t want to judge you or lecture you. He wants to defend you to try to preserve your freedom and finances.
Contact Tom for a free consultation today, and start defending yourself against a criminal trespass charge.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.