53-180.05. Prohibited acts relating to minors and incompetents; violations; penalties; possible alcohol overdose; actions authorized; false identification; penalty; law enforcement agency; duties.
(1) Except as provided in subsection (2) of this section, any person who violates section 53-180 shall be guilty of a Class I misdemeanor.
(2) Any person who knowingly and intentionally violates section 53-180 shall be guilty of a Class IIIA felony and serve a mandatory minimum of at least thirty days' imprisonment as part of any sentence he or she receives if serious bodily injury or death to any person resulted and was proximately caused by a minor's (a) consumption of the alcoholic liquor provided or (b) impaired condition which, in whole or in part, can be attributed to the alcoholic liquor provided.
(3) Any person who violates any of the provisions of section 53-180.01 or 53-180.03 shall be guilty of a Class III misdemeanor.
(4)(a) Except as otherwise provided in subdivisions (b), (c), and (d) of this subsection or section 28-1701, any person older than eighteen years of age and under the age of twenty-one years violating section 53-180.02 is guilty of a Class III misdemeanor.
(b) Subdivision (a) of this subsection shall not apply if the person:
(i) Made a good faith request for emergency medical assistance in response to the possible alcohol overdose of himself or herself or another person as soon as the emergency situation is apparent after such violation of section 53-180.02;
(ii) Made the request for medical assistance under subdivision (b)(i) of this subsection as soon as the emergency situation is apparent after such violation of section 53-180.02; and
(iii) When emergency medical assistance was requested for the possible alcohol overdose of another person:
(A) Remained on the scene until the medical assistance arrived; and
(B) Cooperated with medical assistance and law enforcement personnel.
(c) The exception from criminal liability provided in subdivision (b) of this subsection applies to any person who makes a request for emergency medical assistance and complies with the requirements of subdivision (b) of this subsection.
(d) Subdivision (a) of this subsection shall not apply to the person experiencing a possible alcohol overdose if a request for emergency medical assistance in response to such possible alcohol overdose was made by another person in compliance with subdivision (b) of this subsection.
(e) A person shall not initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer's compliance with subdivision (b), (c), or (d) of this subsection.
(5) Any person eighteen years of age or younger violating section 53-180.02 is guilty of a misdemeanor as provided in section 53-181 and shall be punished as provided in such section.
(6) Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years shall be guilty of a Class I misdemeanor. For purposes of this subsection, form of identification means any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.
(7) When a minor is arrested for a violation of sections 53-180 to 53-180.02 or subsection (6) of this section, the law enforcement agency employing the arresting peace officer shall make a reasonable attempt to notify such minor's parent or guardian of the arrest.
Source
Annotations
This section provides the only penalty for violation of section 53-180. Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976).
Structure Nebraska Revised Statutes
53-101.01 - Statement of policy.
53-101.02 - Farm wineries; legislative intent.
53-101.04 - Transferred to section 53-148.01.
53-101.05 - Act to be liberally construed.
53-102 - Transferred to section 53-168.06.
53-103 - Definitions, where found.
53-103.02 - Alcoholic liquor, defined.
53-103.08 - Cigar shop, defined.
53-103.10 - Commission, defined.
53-103.12 - Craft brewery, defined.
53-103.13 - Farm winery, defined.
53-103.14 - Franchise or agreement, defined.
53-103.15 - Generic label, defined.
53-103.17 - Local governing body, defined.
53-103.19 - Manufacture, defined.
53-103.20 - Manufacturer, defined.
53-103.21 - Microbrewery, defined.
53-103.22 - Microdistillery, defined.
53-103.24 - Near beer, defined.
53-103.25 - Nonbeverage user, defined.
53-103.26 - Nonprofit corporation, defined.
53-103.27 - Original package, defined.
53-103.29 - Private label, defined.
53-103.30 - Restaurant, defined.
53-103.31 - Retailer, defined.
53-103.34 - Sampling, defined.
53-103.36 - Sell at retail and sale at retail, defined.
53-103.37 - Shipping license, defined.
53-103.40 - Territory or sales territory, defined.
53-103.41 - Wholesaler, defined.
53-103.43 - Flavored malt beverage, defined.
53-103.44 - Hard cider, defined.
53-103.45 - Pedal-pub vehicle, defined.
53-103.46 - Powdered alcohol, defined.
53-103.47 - Bottle club, defined.
53-103.48 - Farmers market, defined.
53-103.49 - Ready-to-drink cocktail, defined.
53-105 - Nebraska Liquor Control Commission; creation; members; appointment; qualifications.
53-106 - Commission; members; term; removal; not to hold other office.
53-107 - Commission; quorum; executive director; duties.
53-108 - Employees; appointment.
53-109 - Commissioners and employees; bonds or insurance.
53-111 - Gifts and gratuities forbidden; violation; penalty.
53-112 - Commissioners and executive director; compensation; expenses.
53-113 - Commissioners and employees; expenses and mileage.
53-114 - Meetings; office; branch offices; seal; certified copies of records as evidence.
53-115 - Assistant attorney general assigned to commission; compensation; payment.
53-116 - Power to regulate and control alcoholic liquor.
53-116.02 - Licensee; violations; forfeiture or revocation of license.
53-117 - Powers, functions, and duties.
53-117.01 - Subpoenas; issuance; witnesses; documents.
53-117.02 - Disobedience to subpoena; refusal to testify; proceedings for contempt.
53-117.03 - Employee and management training; commission; powers and duties; fees; certification.
53-117.05 - Rules and regulations; statutes; commission; provide copies; fee authorized.
53-117.07 - Proceedings to suspend, cancel, or revoke licenses before commission.
53-117.08 - License; suspend, cancel, or revoke; hearing; conviction; court; duty.
53-118 - Rules and regulations.
53-119.01 - Fire safety inspection; fee.
53-120 - Ready-to-drink cocktails; production and sale; rules and regulations.
53-121 - License; delivery; method.
53-122 - Sale of liquor by drink; license issuance authorized; exception.
53-123.02 - Alcoholic liquor wholesale license, except beer; rights of licensee; sampling.
53-123.03 - Beer wholesale license; rights of licensee; designated territory.
53-123.05 - Railroad or airline license; rights of licensee.
53-123.06 - Boat license; rights of licensee.
53-123.08 - Bottle club license; rights of licensee.
53-123.09 - Beer wholesaler; delivery outside territory; unlawful; penalty.
53-123.10 - Farm winery license; when issued.
53-123.13 - Farm winery; waiver of requirement; when; conditions.
53-123.14 - Craft brewery license; rights of licensee; self-distribution; conditions.
53-123.16 - Microdistillery license; rights of licensee.
53-123.18 - Special party bus license.
53-124 - Licenses; types; classification; fees; where paid; license year.
53-124.01 - Fees for annual licenses.
53-124.02 - Holder of license under prior law; how treated.
53-124.11 - Special designated license; issuance; procedure; fee.
53-124.12 - Annual catering license; issuance; procedure; fee; occupation tax.
53-124.15 - Community college culinary education program; catering license.
53-125 - Classes of persons to whom no license issued.
53-126 - License to corporation; conditions.
53-128 - Transferred to section 53-116.02.
53-130.01 - Beer; manufacturers and shippers; file notice; contents.
53-132 - Retail, bottle club, craft brewery, or microdistillery license; commission; duties.
53-134.02 - Local governing bodies; authority under act.
53-135 - Retail or bottle club licenses; automatic renewal; conditions.
53-135.01 - Retail licenses; bottle club licenses; renewal; notice.
53-135.02 - Licenses; renewal; no vested right.
53-136 - Cigar shops; legislative findings; legislative intent.
53-137 - Cigar shop license; prohibited acts; sign required; waiver signed by employee; form.
53-138 - Pedal-pub vehicle license; activities authorized; licensee; duties.
53-138.01 - Licenses; disposition of fees.
53-138.03 - Nonprofit corporations; license; required.
53-139 - Retail licenses to restaurants and clubs; conditions.
53-140 - Transferred to section 53-117.07.
53-142 - Transferred to section 53-131.01.
53-145 - Transferred to section 53-160.02.
53-146 - Transferred to section 53-116.01.
53-147 - Transferred to section 53-134.03.
53-148.01 - Retail or bottle club licensee; warning sign; commission; duties.
53-150 - Transferred to section 53-135.02.
53-157 - Transferred to section 53-164.02.
53-159 - Transferred to section 53-130.01.
53-160 - Tax on manufacturer and wholesaler; amount; exemption; duties of commission.
53-160.02 - Near beer; regulation.
53-160.03 - Beer-related crop; tax credit; calculation; application; contents; approval; notice.
53-160.08 - Transferred to section 53-178.01.
53-161 - Beer; credit for tax paid; when allowed.
53-162 - Alcoholic liquor shipped from another state; tax imposed.
53-163 - Commission; rounding of amounts on returns or reports; authorized.
53-164.02 - Evasion of liquor tax; acts forbidden; violations; penalty.
53-167.01 - Legislative findings.
53-167.02 - Keg sales; requirements; keg identification number; violation; penalty.
53-167.03 - Keg identification number; prohibited acts; violation; penalty; deposit.
53-168.05 - Violations; procedure.
53-168.06 - General prohibition; exceptions.
53-169.01 - Manufacturer; interest in licensed wholesaler; prohibitions; exception.
53-172 - Original packages; labels; seals; requirements.
53-173 - Powdered alcohol; prohibited acts; penalties; effect on license.
53-175 - Liquor; acquisition from other than licensed dealer; when unlawful.
53-177 - Sale at retail; bottle club license; restrictions as to locality.
53-178 - Sale at retail; forbidden in dwelling or lodging house; exceptions.
53-178.01 - Licensee; sale to person within motor vehicle; prohibited; exceptions.
53-180 - Prohibited acts relating to minors and incompetents.
53-180.01 - Minor misrepresenting age; unlawful.
53-180.02 - Minor; prohibited acts; exception; governing bodies; powers.
53-180.03 - Minor; sale or gift to; misrepresenting age; parent or guardian; duties.
53-180.04 - Minors; warning notice; posting.
53-180.06 - Documentary proof of age; separate book; record; contents.
53-180.07 - Minors; licensee charged with sale; defenses.
53-183 - Sale on credit or for goods or services forbidden; exceptions.
53-184 - Sale only in original package; refilling forbidden; exception.
53-185 - Contract to sell for only one manufacturer or wholesaler; void.
53-186 - Consumption of liquor on public property; forbidden; exceptions; license authorized.
53-187 - Nonbeverage licensee forbidden to give or sell alcoholic liquor; violation; penalty.
53-190 - Premises violating law declared common nuisances.
53-192 - Transportation of liquor into state forbidden; when.
53-192.01 - Wholesale licensee; purchases and imports; restrictions.
53-194.03 - Transportation of liquor into state; forbidden; when; penalty.
53-194.04 - Sale of confections or candy; license requirements; label.
53-197 - Violations; peace officer; duties; neglect of duty; penalty.
53-198 - Places operated in violation of act; declared common nuisances; violations; penalty.
53-199 - Nuisance; abatement; procedure; owner or lessee may give bond.
53-1,100 - Violations; general penalties.
53-1,101 - Owner of premises or agent knowing of violations; penalty.
53-1,102 - Violations by agent or employee of licensee; deemed act of licensee, when.
53-1,103 - False branding; penalty.
53-1,105 - Sufficiency of charge of violation; sufficiency of proof.
53-1,107 - Complaint, indictment, or information; contents; sufficiency.
53-1,108 - Search warrants issued on complaint; form.
53-1,109 - Search warrants; contents; directed to peace officer.
53-1,114 - Transferred to section 53-134.04.
53-1,115 - Proceedings before commission; service upon parties; rehearings; costs.
53-1,118 - Transferred to section 53-101.05.
53-1,120 - Alcohol-related offenses; law, ordinance, resolution, or rule; effect.
53-1,122 - Compliance checks; participation by minors; when.
53-202 - Definitions, where found.
53-203 - Advertising, defined.
53-205 - Ancillary business, defined.
53-206 - Control of a wholesaler's business, defined.
53-207 - Designated member, defined.
53-209 - Reasonable qualifications, defined.
53-210 - Retaliatory action, defined.
53-211 - Sales territory, defined.
53-212 - Substantial stockholder, substantial partner, and substantial member, defined.
53-214 - Transfer of the wholesaler's business, defined.
53-216 - Supplier; prohibited acts.
53-217 - Wholesaler; prohibited acts.
53-219 - Wholesaler's business; transfer; restrictions.
53-220 - Supplier; violations; compensation to wholesaler.
53-221 - Wholesaler; waiver of rights prohibited; dispute settlements.
53-222 - Applicability of sections; transfer of business; effect on agreements.
53-223 - Civil actions authorized; damages; jurisdiction.
53-301 - Nebraska Grape and Winery Board; created.
53-302 - Board; officers; terms; expenses.
53-303 - Board; powers and duties.
53-305 - Board; annual report.
53-404 - Cause of action authorized.
53-406 - Limitation on cause of action.
53-408 - Statute of limitation.
53-501 - Nebraska Craft Brewery Board; created; members; qualifications; vacancy.
53-502 - Nebraska Craft Brewery Board; meetings; members; terms; expenses; removal; procedure.
53-503 - Nebraska Craft Brewery Board; powers and duties.
53-505 - Nebraska Craft Brewery Board; annual report; contents; fee.