AGO 98030.

• Court: Nebraska

Nebraska Attorney General Opinions 1998. AGO 98030. DATE: July 13, 1998SUBJECT: Unlawful Branding of CattleREQUESTED BY: Wesley Nespor, Greeley County AttorneyWRITTEN BY: Don Stenberg, Attorney General William L. Howland, Assistant Attorney General You have requested our opinion regarding unlawful branding of cattle. More specifically, you question whether the criminal act is the unlawful branding itself or maintenance of a herd which has been unlawfully branded. Neb. Rev. Stat. § 54-101(1) (1993) provides: A brand shall mean an identification mark that is applied to the hide of a live animal by a hot iron on either side in any one of three locations, the shoulder, ribs, or hip.... Neb. Rev. Stat. § 54-101(31) (1993) provides: Freeze brand shall mean any such mark or brand that is created on a live animal in a depigmentation technique, whereby the pigment-producing cells in the skin of an animal are destroyed by the application of intense cold to the skin area[.] Neb. Rev. Stat. § 54-101.01 (1993) provides: [I]t shall be unlawful to brand any live animal other than by the use of a hot iron except that it shall be permissible to use a freeze brand for year or production recording brands [emphasis added]. Neb. Rev. Stat. § 54-106 (1993) provides: It shall be unlawful to use any brand for branding any horses, cattle, mules, or asses unless the person, persons, partnership, limited liability company, association, or corporation using such brand has recorded that brand with the Nebraska Brand Committee [emphasis added]. Neb. Rev. Stat. § 54-156 provides that any person or...