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

Neb. Rev. Stat. § 28-369 (2026)

Substantial mental impairment, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Substantial mental impairment shall mean a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, investigation, or evaluation.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1996–2023 · leading case: State v. Bershon, 983 N.W.2d 490 (Neb. 2023).
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State v. Bershon, 983 N.W.2d 490 (Neb. 2023). · cites it 2× “The same evidence which supported a finding that - 172 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V. BERSHON Bershon committed first degree sexual assault also supports a finding that B.”
State v. Dehning, 894 N.W.2d 331 (Neb. 2017). · cites it 3× “” Neb. Rev. Stat. § 28-369 (Reissue 2016). Dehning focuses on the timeframe alleged in the infor- mation, January 1, 2011, to December 31, 2013.”
State v. Vanderford, 980 N.W.2d 397 (Neb. 2022). · cites it 2× “The court overruled the motion for new trial and sentenced Vanderford to 5 years’ probation.”
State v. Stubbs, 555 N.W.2d 55 (Neb. Ct. App. 1996). · cites it 2× “” Neb. Rev. Stat. § 28-369 (Reissue 1995). However, at the end of trial, the trial court found that' the evidence was insufficient to sustain a verdict on the “substantial mental impairment” portion of the statute.”
State v. Janssen, 584 N.W.2d 27 (Neb. Ct. App. 1998). · cites it 2× “” Neb. Rev. Stat. § 28-369 (Reissue 1995) provides: “Substantial mental impairment shall mean a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by…”
State v. Rakosnik, No. A-13-663 (Neb. Ct. App. July 15, 2014). · cites it 3× “§ 28-358 (Reissue 2008), and “substantial mental impairment” as defined in Neb. Rev. Stat. § 28-369 (Reissue 2008). The jury instructions described the offense using the language of the statutes, and the Nebraska Supreme Court has previously held that it is proper for the court…”
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