Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-358 (2026)

Exploitation, defined

✓ current as of July 2026
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Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1996–2023 · leading case: State v. Vanderford, 980 N.W.2d 397 (Neb. 2022).
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State v. Vanderford, 980 N.W.2d 397 (Neb. 2022). · cites it 19× “§ 28-371 (Reissue 2016), to be subjected to “exploitation,” as that term is defined in Neb. Rev. Stat. § 28-358 (Reissue 2016). 10.”
State v. Stubbs, 555 N.W.2d 55 (Neb. Ct. App. 1996). · cites it 2× “Neb. Rev. Stat. § 28-358 (Reissue 1995) provides that “exploitation” “shall mean the taking of property of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, or extortion or by any unlawful means.”
State v. Janssen, 584 N.W.2d 27 (Neb. Ct. App. 1998). · cites it 2× “6 is primarily a civil jury instruction and that “[t]he problem is that it does not distinguish between prohibited civilly or prohibited criminally.”
State v. Neal (Neb. Ct. App. 2023). · cites it 2× “Neb. Rev. Stat. § 28-358 (Reissue 2016) defines “exploitation” as: the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means…”
State v. Rakosnik (Neb. Ct. App. 2014). · cites it 3× “§ 28-371 (Reissue 2008), “exploitation” as defined in Neb. Rev. Stat. § 28-358 (Reissue 2008), and “substantial mental impairment” as defined in Neb.”
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