Nebraska Revised Statutes

Neb. Rev. Stat. § 28-324 (2026)

Robbery; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.

(2) Robbery is a Class II felony.

Notes of Decisions
Cited in 128 cases (22 in the last 5 years), 1979–2026 · leading case: State v. Garcia, 923 N.W.2d 725 (Neb. 2019).
State v. Garcia, 923 N.W.2d 725 (Neb. 2019). · cites it 8× “§ 28-324 (Reissue 2016), which provides that one "commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever." Garcia argues that there was no evidence…”
State v. Hunt, 909 N.W.2d 363 (Neb. 2018). · cites it 2× “16 See Neb. Rev. Stat. § 28-324 (Reissue 2016) and § 28-105(1).”
State v. Barfield, 723 N.W.2d 303 (Neb. 2006). · cites it 4× “Under Neb. Rev. Stat. § 28-324 (Reissue 1995), a person commits robbery if, with the intent to steal, he or she forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.”
State v. Price, 944 N.W.2d 279 (Neb. 2020). · cites it 3× “Yet, evidence of mere presence, acquiescence, or silence is not enough to sustain the State’s burden of proving guilt under an aiding and abetting theory.”
State v. Casterline, 878 N.W.2d 38 (Neb. 2016). · cites it 2× “13 Yet, evidence of mere presence, acquiescence, or silence is not enough to sustain the State’s burden of proving guilt under an aiding and abetting theory.14 (b) Evidence Against Casterline We review the State’s evidence against Casterline to deter- mine whether any rational…”
State v. Bird Head, 408 N.W.2d 309 (Neb. 1987). · cites it 6× “A jury found defendant-appellant, Hudson Bird Head, guilty of robbery in violation of Neb. Rev. Stat. § 28-324 (1) (Reissue 1985), first degree sexual assault in violation of Neb.”
Stokeling v. United States, 586 U.S. 73 (2019). “023 (1)(1), (3)-(4) (2016) ; Neb. Rev. Stat. §§ 28-324 , 28-1205 (2015) ; N.”
State v. Estrada Comacho, 960 N.W.2d 739 (Neb. 2021). · cites it 4× “238 (1966): “[A] robbery is not completed at the moment the robber obtains possession of the stolen property and .”
State v. Moreno, 422 N.W.2d 56 (Neb. 1988). · cites it 5× “In regard to the robbery charge, Neb. Rev. Stat. § 28-324 (Reissue 1985) provides: “A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.”
State v. Smith, 696 N.W.2d 871 (Neb. 2005). · cites it 2× “§ 28-324 (1) (Reissue 1995) states that “[a] person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.”
State v. Robinson, 448 N.W.2d 386 (Neb. 1989). · cites it 8× “Robinson, challenges his convictions pursuant to verdicts on charges of robbery, in violation of Neb.Rev.Stat. § 28-324 (Reissue 1985), and the use of firearms to commit a felony, in violation of Neb.”
State v. Epp, 773 N.W.2d 356 (Neb. 2009). · cites it 2× “Epp was convicted of robbery, a Class II felony under Neb. Rev. Stat. § 28-324 (Reissue 2008), and possession of a deadly weapon by a felon, a Class III felony under Neb.”
Neb. Rev. Stat. § 28-324(1): 8 cases
State v. Estrada Comacho, 960 N.W.2d 739 (Neb. 2021). “238 (1966): “[A] robbery is not completed at the moment the robber obtains possession of the stolen property and .”
State v. Boppre, 453 N.W.2d 406 (Neb. 1990).
State v. White, 472 N.W.2d 720 (Neb. 1991).
State v. Jones, 432 N.W.2d 523 (Neb. 1988).
State v. Dwyer, 411 N.W.2d 341 (Neb. 1987).
Neb. Rev. Stat. § 28-324(2): 11 cases
State v. Garcia, 923 N.W.2d 725 (Neb. 2019). “§ 28-324 (Reissue 2016), which provides that one "commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever." Garcia argues that there was no evidence…”
State v. Price, 944 N.W.2d 279 (Neb. 2020). “Yet, evidence of mere presence, acquiescence, or silence is not enough to sustain the State’s burden of proving guilt under an aiding and abetting theory.”
State v. Estrada Comacho, 960 N.W.2d 739 (Neb. 2021). “238 (1966): “[A] robbery is not completed at the moment the robber obtains possession of the stolen property and .”
State v. Start, 477 N.W.2d 20 (Neb. 1991).
State v. Dixon, 482 N.W.2d 573 (Neb. 1992).
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