Nebraska Revised Statutes

Neb. Rev. Stat. § 28-371 (2026)

Vulnerable adult, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1996–2023 · leading case: State v. Vanderford, 980 N.W.2d 397 (Neb. 2022).
State v. Vanderford, 980 N.W.2d 397 (Neb. 2022). · cites it 6× “§ 29-2101 (Reissue 2016), asserting, among other things, that her acquittal on the theft charge was inconsistent with her conviction for exploitation and that the evidence was insufficient to support the conviction.”
State v. Bershon, 983 N.W.2d 490 (Neb. 2023). · cites it 2× “We determined above that there was sufficient evidence for the jury to find that Bershon committed first degree sexual assault with regard to all 13 counts, including those counts related to the years for which the 3 counts of intentional abuse of a vulnerable adult were…”
State v. Stubbs, 562 N.W.2d 547 (Neb. 1997). · cites it 4× “The State contends that the Court of Appeals erred in (1) finding that the evidence presented at trial was insufficient to prove that Stubbs exploited Edmisten; (2) finding that the evidence presented at trial was insufficient to prove that Edmisten was a “vulnerable adult” as…”
Danell Blevins v. State, 2017 WY 43, 393 P.3d 1249. “, quoting Neb. Rev. Stat. § 28-371 (Reissue 1995). [¶19] At the end of Stubb’s trial, the trial court ruled that the evidence was insufficient to sustain a verdict on the “substantial mental impairment” portion of the statute.”
State v. Dehning, 894 N.W.2d 331 (Neb. 2017). · cites it 2× “Neb. Rev. Stat. § 28-371 (Reissue 2008) defines a “[v]ulnerable adult” as “any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.”
State v. Stubbs, 555 N.W.2d 55 (Neb. Ct. App. 1996). · cites it 5× “§ 29-1207 (Reissue 1995). We find that the evidence was insufficient to prove that Stubbs exploited the alleged victim or that the victim was a “vulnerable adult” as defined by Neb.”
State v. Janssen, 584 N.W.2d 27 (Neb. Ct. App. 1998). · cites it 2× “We have previously indicated that Bergman’s testimony did not have sufficient foundation to support a finding that Helen was mentally or physically impaired.”
State v. Rakosnik, No. A-13-663 (Neb. Ct. App. July 15, 2014). · cites it 3× “5 included definitions of “vulnerable adult” as defined in Neb. Rev. Stat. § 28-371 (Reissue 2008), “exploitation” as defined in Neb.”
State v. Boyd, 949 N.W.2d 540 (Neb. Ct. App. 2020). · cites it 2× “BOYD was required to show that Pistillo suffered from a “substantial mental or functional impairment” in order to qualify as a vulnerable adult and simply failed to do so at the time of trial. In support of this contention, Boyd argues: There was no evidence presented by any…”
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