Persons punished for contempt under the preceding provisions shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had may, in determining the punishment, take into consideration the punishment before inflicted in mitigation of the sentence.
§ 25-2123.Effect of punishment upon criminal liability.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceBeing punished for contempt does not shield a person from later criminal indictment when the same conduct also amounts to a crime, though the sentencing court may weigh the earlier contempt punishment in deciding the sentence.
Full Text of § 25-2123
Source
R.S.1867, Code § 671, p. 513; R.S.1913, § 8238; C.S.1922, § 9191; C.S.1929, § 20-2123; R.S.1943, § 25-2123.
Plain-English Summary
Contempt punishment and criminal prosecution run on separate tracks. Section 25-2123 confirms that someone already punished for contempt under the preceding sections can still face indictment if that same conduct rises to an indictable offense. Punishment by the court for contempt is not a substitute for, or a bar to, prosecution through the criminal courts.
The section does give the criminal court one tool to soften the result. When determining a sentence after conviction, that court may take the earlier contempt punishment into consideration and reduce the sentence accordingly. Nothing requires this mitigation; it is left to the court weighing the case, not guaranteed to the defendant.
Frequently Asked Questions
If I am punished for contempt, can I still be indicted for the same conduct?
Yes, if the conduct also amounts to an indictable offense. Contempt punishment does not bar later prosecution.
Does the earlier contempt punishment reduce my later criminal sentence automatically?
No. The sentencing court may take it into consideration in mitigation, but the section does not require any reduction.
Who decides whether to factor in the prior contempt punishment?
The court determining the sentence for the indictable offense.
Is contempt punishment treated as a substitute for criminal prosecution?
No. The two remain separate, and a contempt sanction does not stand in for indictment and prosecution.
Can the same conduct really be both contempt and a separate indictable offense?
Yes. Section 25-2123 addresses exactly that overlap, allowing both consequences to apply.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: contempt and criminal charges nebraskadouble punishment contempt indictmentmitigating sentence prior contemptcontempt not a bar to prosecutionindictable offense contempt overlap