Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1415 (2026)

Justification in property crimes

✓ current as of July 2026

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Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:

(1) Sections 28-1406 to 28-1416 or the law defining the offense deals with the specific situation involved; or

(2) A legislative purpose to exclude the justification claimed otherwise plainly appears.

Notes of Decisions

Cited in 3 cases, 1986–2019 · leading case: State v. Wells, 598 N.W.2d 30 (Neb. 1999).

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State v. Wells, 598 N.W.2d 30 (Neb. 1999). · cites it 3× “Section 28-1415 provides generally that conduct involving appropriation of, seizure of, destruction of or damage to, intrusion on, or interference with property is justifiable under circumstances which would otherwise establish a defense of privilege in a civil action based…”

State v. Schmaltz, 304 Neb. 74 (Neb. 2019). · cites it 2× “Instead, this court went further to reason that the choice of evils justification was unavailable because the defendant in Wells had a reasonable alternative to the criminal damage—he could have filed for and obtained a temporary restraining order.”

State v. Clayburn, 389 N.W.2d 314 (Neb. 1986). · cites it 2× “The defendant’s conduct in going to the residence of another where he was not invited and in attempting to force his way into that residence was such as to deny him the defense of justification. Neb. Rev. Stat. § 28-1407 (2) (Reissue 1985) provides: When the actor was reckless…”

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