Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-405 (2026)

Rule 405. Method of proving character; reputation or opinion; specific instances of conduct

✓ current as of July 2026
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(1) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

(2) In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of his conduct.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1977–2026 · leading case: State v. Faust, 660 N.W.2d 844 (Neb. 2003).
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State v. Faust, 660 N.W.2d 844 (Neb. 2003). · cites it 40× “I agree with the majority that this testimony was not admissible on the narrow issue of Faust's character under Neb.Rev.Stat. § 27-405 (Reissue 1995). While I believe that this evidence may have been independently relevant on the issue of Faust's motive, and thus admissible…”
State v. Oldson, 884 N.W.2d 10 (Neb. 2016). · cites it 2× “405, Neb. Rev. Stat. § 27-405 (Reissue 2008), the manner in which either party can prove character in order to show action in conformity therewith, when allowed, is generally limited to reputation or opinion evidence.”
Sturzenegger v. Father Flanagan's Boys'home, 754 N.W.2d 406 (Neb. 2008). · cites it 2× “[53] Neb. Rev. Stat. § 27-405 (1) (Reissue 1995).”
State v. Jackson, 601 N.W.2d 741 (Neb. 1999). · cites it 4× “The accused’s character is introduced in accordance with the provisions of § 27-404(l)(a) when the accused offers positive character evidence pursuant to Neb. Rev. Stat. § 27-405 (Reissue 1995). See State v.”
State v. Sims, 331 N.W.2d 255 (Neb. 1983). · cites it 4× “It is defendant’s position that such testimony should have been admitted to support his claim that the decedent was violent and combative and had been the first aggressor, under the provision of Neb. Rev. Stat. § 27-405 (Reissue 1979), which reads: “(1) In all cases in which…”
State v. Johnson, 979 N.W.2d 123 (Neb. Ct. App. 2022). · cites it 7× “Neb. Rev. Stat. § 27-405 (2) (Reissue 2016) permits a defendant to place specific examples of a person’s prior violent conduct before the jury to the extent that such evidence of a person’s violent character is relevant to the proof of a defendant’s self-defense claim.”
State v. Wheeler, 989 N.W.2d 728 (Neb. 2023). · cites it 2× “[8,9] However, Wheeler must still have been prejudiced by any deficiency of his counsel such that it undermines his conviction.”
State v. Lewchuk, 539 N.W.2d 847 (Neb. Ct. App. 1995). · cites it 2× “405(2), Neb. Rev. Stat. § 27-405 (Reissue 1989), provide appropriate bases for admitting the character evidence in this case.”
State v. Lowe, 505 N.W.2d 662 (Neb. 1993). · cites it 2× “405(2), Neb. Rev. Stat. § 27-405 (2) (Reissue 1989).”
State v. Eynon, 250 N.W.2d 658 (Neb. 1977). · cites it 2× “Section 27-405, R. R. S. 1943, provides in part: “(1) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.”
State v. Maggard, 502 N.W.2d 493 (Neb. Ct. App. 1993). · cites it 2× “If a witness has an adequate basis for her opinion, she may give an opinion on another witness’ character for truthfulness. However, the basis for such an opinion may not purport to be scientific.”
State v. Gardner, 498 N.W.2d 605 (Neb. Ct. App. 1993). · cites it 2× “Testimony of Gardner’s Nieces Gardner’s offer of the testimony of the two nieces was premised on Neb. Rev. Stat. § 27-405 (2) (Reissue 1989), which allows proof of a character trait if the trait is an essential element of the charge, claim, or defense.”
Show all 15 citing cases →
— Neb. Rev. Stat. § 27-405(1) — 2 cases
State v. Faust, 660 N.W.2d 844 (Neb. 2003). “I agree with the majority that this testimony was not admissible on the narrow issue of Faust's character under Neb.Rev.Stat. § 27-405 (Reissue 1995). While I believe that this evidence may have been independently relevant on the issue of Faust's motive, and thus admissible…”
State v. Matthews (Neb. Ct. App. 2014).
— Neb. Rev. Stat. § 27-405(2) — 3 cases
State v. Johnson, 979 N.W.2d 123 (Neb. Ct. App. 2022). “Neb. Rev. Stat. § 27-405 (2) (Reissue 2016) permits a defendant to place specific examples of a person’s prior violent conduct before the jury to the extent that such evidence of a person’s violent character is relevant to the proof of a defendant’s self-defense claim.”
State v. Sims, 331 N.W.2d 255 (Neb. 1983). “It is defendant’s position that such testimony should have been admitted to support his claim that the decedent was violent and combative and had been the first aggressor, under the provision of Neb. Rev. Stat. § 27-405 (Reissue 1979), which reads: “(1) In all cases in which…”
State v. Matthews (Neb. Ct. App. 2014).
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