(1) The justification afforded by sections 28-1409 to 28-1412 is unavailable when:
(a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and
(b) His error is the result of ignorance or mistake as to the provisions of sections 28-1406 to 28-1416, any other provision of the criminal law, or the law governing the legality of an arrest or search.
(2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under sections 28-1408 to 28-1413 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(3) When the actor is justified under sections 28-1408 to 28-1413 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1986–2025 · leading case:
State v. Beehn, 303 Neb. 172 (Neb. 2019).
State v. Beehn, 303 Neb. 172 (Neb. 2019).
· cites it 6× “Under Neb. Rev. Stat. § 28-1414 (1) (Reissue 2016), "[t]he justification afforded by sections 28-1409 to 28-1412 is unavailable when: (a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of…”
Phillips v. Liberty Mut. Ins. Co., 876 N.W.2d 361 (Neb. 2016).
· cites it 2× “Neb. Rev. Stat. § 28-1414 (Reissue 2008), referred to in § 28-1412(1), states in part: (3) When the actor is justified under sections 28-1408 to 28-1413 in using force upon or toward the person of another but he recklessly or negligently injures or cre- ates a risk of injury to…”
State v. Moore, 411 N.W.2d 345 (Neb. 1987).
· cites it 4× “§ 28-1412 (Reissue 1985) states in part: (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that such force is…”
State v. Urbano, 589 N.W.2d 144 (Neb. 1999).
· cites it 2× “Neb. Rev. Stat. § 28-1414 (Reissue 1995) defines certain circumstances which preclude a claim of self-defense.”
State v. Moniz, 397 N.W.2d 37 (Neb. 1986).
· cites it 4× “§ 28-1409 (Reissue 1985), which provides in part: (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting…”
State v. Betts, 514 P.3d 341 (Kan. 2022).
“"); Neb. Rev. Stat. Ann. § 28-1414 (3) (self-defense justification "unavailable in a prosecution for such recklessness or negligence towards innocent persons"); N.”
State v. Graham, 450 N.W.2d 673 (Neb. 1990).
· cites it 2× “On appeal to this court, Graham alleges that the county court erred in refusing to give to the jury an instruction regarding justification for use of force in self-protection. Self-defense has been codified in Neb.”
Wagner v. City of Omaha, 464 N.W.2d 175 (Neb. 1991).
· cites it 2× “§ 28-1412 (1) (Reissue 1989), which provides as follows: Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that…”
State v. Brown, 455 N.W.2d 547 (Neb. 1990).
· cites it 2× “Self-defense is codified in § 28-1409 as follows: (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting…”
State v. Cole, 436 N.W.2d 209 (Neb. 1989).
· cites it 2× “§ 28-1411 (Reissue 1985) provides, in part: (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary: (a) To prevent or terminate .”
State v. Beehn, 303 Neb. 172 (Neb. 2019).
· cites it 6× “Under Neb. Rev. Stat. § 28-1414 (1) (Reissue 2016), “[t]he jus- tification afforded by sections 28-1409 to 28-1412 is unavail- able when: (a) The actor’s belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness…”
State v. Frear, 561 N.W.2d 591 (Neb. Ct. App. 1997).
· cites it 2× “§ 28-1409 (Reissue 1995), which states in part: (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting…”
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treatment. Dots show Syfertize treatment of the citing case itself.