As used in sections 28-1406 to 28-1416, unless the context otherwise requires:
(1) Unlawful force shall mean force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status; not amounting to a privilege to use the force;
(2) Assent shall mean consent, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm;
(3) Deadly force shall mean force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, shall not constitute deadly force;
(4) Actor shall mean any person who uses force in such a manner as to attempt to invoke the privileges and immunities afforded him by sections 28-1406 to 28-1416, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions;
(5) Dwelling shall mean any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging; and
(6) Public officer shall mean any elected or appointed officer or employee of the State of Nebraska or its political subdivisions, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions.
Notes of Decisions
Cited in
32
cases (
4 in the last 5 years), 1982–2026 · leading case:
State v. Iromuanya, 719 N.W.2d 263 (Neb. 2006).
State v. Iromuanya, 719 N.W.2d 263 (Neb. 2006).
· cites it 8× “§ 28-102 (1) (Reissue 1995), which defines the general purpose of the criminal code as "[t]o forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests," and the provisions of Neb. Rev. Stat. §§ 28-1406…”
State v. Oldenburg, 628 N.W.2d 278 (Neb. Ct. App. 2001).
· cites it 10× “" Our self-defense statute, Neb.Rev.Stat. § 28-1406 (Reissue 1995), provides, in significant part, that "[a] threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he…”
State v. Grimes, 519 N.W.2d 507 (Neb. 1994).
· cites it 8× “The State contends that the "justification" statutes, Neb.Rev.Stat. §§ 28-1406 to 28-1416 (Reissue 1989), would save the second degree murder statute from being held unconstitutional.”
State v. Ryan, 543 N.W.2d 128 (Neb. 1996).
· cites it 10× “" Furthermore, requiring a defendant to raise the issue of justification or excuse as defined by our statutes, Neb.Rev.Stat. §§ 28-1406 through 28-1416 (Reissue 1989), does not unconstitutionally shift the State's burden of proving every element of the crime charged in a…”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989).
· cites it 8× “§ 29-2203 (Reissue 1985)) or is justified in killing under Neb.Rev.Stat. §§ 28-1406 to 28-1416 (Reissue 1985), Nebraska's justification of use of force act.”
State v. Burlison, 583 N.W.2d 31 (Neb. 1998).
· cites it 4× “§ 28-102 (1) (Reissue 1995), which defines the general purpose of the criminal code as "[t]o forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests," and the provisions of Neb. Rev.Stat. §§ 28-1406…”
State v. Harris, 884 N.W.2d 710 (Neb. 2016).
· cites it 2× “22 Neb. Rev. Stat. § 28-1406 (5) (Reissue 2008).”
State v. White, 543 N.W.2d 725 (Neb. 1996).
· cites it 4× “See, Neb.Rev.Stat. §§ 28-1406 through 28-1416 (Reissue 1989); Neb.”
State v. Kinser, 567 N.W.2d 287 (Neb. 1997).
· cites it 2× “Neb. Rev. Stat. § 28-1406 (3) (Reissue 1995) defines “deadly force” as “force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm.”
State v. Schmaltz, 304 Neb. 74 (Neb. 2019).
· cites it 3× “”9 Neb. Rev. Stat. § 28-1406 (4) (Reissue 2016) defines “[a]ctor” as “any person who uses force in such a manner as to attempt to invoke the privileges and immunities afforded him by sections 28-1406 to 28-1416.”
State v. Marshall, 573 N.W.2d 406 (Neb. 1998).
· cites it 2× “Neb. Rev. Stat. § 28-1406 (3) (Reissue 1995) defines “deadly force” as force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm.”
State v. Wells, 598 N.W.2d 30 (Neb. 1999).
· cites it 2× “Wells testified in connection with the offer of proof at trial about his conversation with a local town official whom Wells believed sympathized with his concerns but who did not act to curb the erosion and pollution that were the source of Wells’ complaint.”
— Neb. Rev. Stat. § 28-1406(3) — 5 cases
State v. Oldenburg, 628 N.W.2d 278 (Neb. Ct. App. 2001).
“" Our self-defense statute, Neb.Rev.Stat. § 28-1406 (Reissue 1995), provides, in significant part, that "[a] threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he…”
— Neb. Rev. Stat. § 28-1406(4) — 2 cases
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