Nebraska Revised Statutes
Neb. Rev. Stat. § 28-312 (2026)
Terms, defined
✓ current as of July 2026
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As used in sections 28-312 to 28-315, unless the context otherwise requires:
(1) Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty:
(a) By means of force, threat, or deception; or
(b) If the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of him; and
(2) Abduct shall mean to restrain a person with intent to prevent his liberation by:
(a) Secreting or holding him in a place where he is not likely to be found; or
(b) Endangering or threatening to endanger the safety of any human being.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1983–2025 · leading case: State v. Beeder, 707 N.W.2d 790 (Neb. 2006).
State v. Beeder, 707 N.W.2d 790 (Neb. 2006). “But Neb. Rev. Stat. § 28-312 (Reissue 1995) defines restraint in the false imprisonment statutes.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “110(1); Neb.Rev.Stat. §§ 28-312, -313; N.J.Rev.Stat.”
State v. Becerra, 573 N.W.2d 397 (Neb. 1998). “Neb. Rev. Stat. § 28-312 (2)(a) and (b) (Reissue 1995).”
State v. Daniels, 388 N.W.2d 446 (Neb. 1986). “Defining the more pertinent terms from § 28-313, Neb.Rev.Stat. § 28-312 (Reissue 1979) provides: (1) Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty: (a) By means of force, threat, or deception; or .”
State v. Delgado, 690 N.W.2d 787 (Neb. 2005). ““Restrain,” in turn, is defined in relevant part as restricting a person’s movement in such a manner as to interfere substantially with his or her liberty (1) by means of force, threat, or deception or (2) where the person is under the age of 18, without the consent of the…”
State v. Schmidt, 562 N.W.2d 859 (Neb. Ct. App. 1997). “For the purpose of kidnapping, Neb. Rev. Stat. § 28-312 (Reissue 1995) provides: (1) Restrain shall mean to restrict a person’s movement in such a manner as to interfere substantially with his liberty: (a) By means of force, threat, or deception .”
State v. Robbins, 570 N.W.2d 185 (Neb. 1997). “Neb. Rev. Stat. § 28-312 (Reissue 1995) defines “restrain,” as used in § 28-313, as meaning to restrict a person’s movement in such a manner as to interfere substantially with his liberty: (a) By means of force, threat, or deception; or (b) If the person is under the age of…”
State v. Newman, 559 N.W.2d 764 (Neb. Ct. App. 1997). “” Neb. Rev. Stat. § 28-312 (1) (Reissue 1995).”
State v. Nelson, 453 N.W.2d 454 (Neb. 1990). “§ 28-319 (Reissue 1989); Neb. Rev. Stat. §§ 28-312 and 28-313 (Reissue 1989).”
State v. Vance, 484 N.W.2d 453 (Neb. 1992). “Neb. Rev. Stat. § 28-312 (1) (Reissue 1989).”
State v. Masters, 524 N.W.2d 342 (Neb. 1994). “§ 28-312 (Reissue 1989) as follows: (1) Restrain shall mean to restrict a person’s movement in such a manner as to interfere substantially with his liberty: (a) By means of force, threat, or deception .”
State v. Wyatt, 451 N.W.2d 84 (Neb. 1990). “Neb. Rev. Stat. § 28-312 (Reissue 1989) defines the terms “abduct” and “restrain” as they apply to § 28-314: (1) Restrain shall mean to restrict a person’s movement in such a manner as to interfere substantially with his liberty: (a) By means of force, threat, or deception.”
— Neb. Rev. Stat. § 28-312(2) — 1 case
State v. Vance, 484 N.W.2d 453 (Neb. 1992). “Neb. Rev. Stat. § 28-312 (1) (Reissue 1989).”
— Neb. Rev. Stat. § 28-312(l)(a) — 3 cases
State v. Beeder, 707 N.W.2d 790 (Neb. 2006). “But Neb. Rev. Stat. § 28-312 (Reissue 1995) defines restraint in the false imprisonment statutes.”
State v. Becerra, 573 N.W.2d 397 (Neb. 1998). “Neb. Rev. Stat. § 28-312 (2)(a) and (b) (Reissue 1995).”
State v. Delgado, 690 N.W.2d 787 (Neb. 2005). ““Restrain,” in turn, is defined in relevant part as restricting a person’s movement in such a manner as to interfere substantially with his or her liberty (1) by means of force, threat, or deception or (2) where the person is under the age of 18, without the consent of the…”
— Neb. Rev. Stat. § 28-312(l)(b) — 1 case
State v. Beeder, 707 N.W.2d 790 (Neb. 2006). “But Neb. Rev. Stat. § 28-312 (Reissue 1995) defines restraint in the false imprisonment statutes.”
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