Nebraska Revised Statutes

Neb. Rev. Stat. § 28-386 (2026)

Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty

✓ current as of July 2026

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(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:

(a) Physically injured;

(b) Unreasonably confined;

(d) Exploited;

(e) Cruelly punished;

(f) Neglected; or

(g) Sexually exploited.

(2) Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult is a Class IIIA felony.

Notes of Decisions

Cited in 12 cases (3 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 11× “A person commits the crime of exploiting a vulnerable adult under Neb. Rev. Stat. § 28-386 (Reissue 2016) by knowingly and intentionally engaging in an act which causes or permits a “vulnerable adult,” as that term is defined in Neb.”

State v. Bershon, 983 N.W.2d 490 (Neb. 2023). · cites it 4× “The State finally charged three counts of intentional abuse of a vulnerable adult in violation of Neb. Rev. Stat. § 28-386 - 157 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V.”

State v. Dailey, 639 N.W.2d 141 (Neb. Ct. App. 2002). · cites it 2× “” PROCEDURAL BACKGROUND Dailey was charged with two counts of knowing and intentional abuse of a vulnerable adult under Neb. Rev. Stat. § 28-386 (Cum. Supp. 2000), a Class IIIA felony, in an information filed in the Seward County District Court on June 17, 1999.”

Danell Blevins v. State, 2017 WY 43 (Wyo. 2017). “at 61 , quoting Neb. Rev. Stat. § 28-386 (Reissue 1995). “Vulnerable adult” was defined in Nebraska as: “any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian has been appointed under the Nebraska Probate Code.”

State v. Stubbs, 562 N.W.2d 547 (Neb. 1997). · cites it 3× “§ 28-386 (1) (Reissue 1995), which states that a “person commits knowing and intentional abuse of a vulnerable adult if he or she through a knowing and intentional act causes or permits a vulnerable adult to be . . . (d) Exploited.”

State v. Dehning, 296 Neb. 537 (Neb. 2017). · cites it 2× “Dehning was convicted under Neb. Rev. Stat. § 28-386 (Cum. Supp. 2012), which states in subsection (1): A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or…”

State v. Stubbs, 555 N.W.2d 55 (Neb. Ct. App. 1996). · cites it 4× “Rick Stubbs was convicted of knowing and intentional abuse of a vulnerable adult through exploitation pursuant to Neb. Rev. Stat. § 28-386 (Reissue 1995). He appeals from his conviction, arguing that the evidence was insufficient as a matter of law to sustain the jury’s verdict…”

State v. Boyd, 28 Neb. Ct. App. 874 (Neb. Ct. App. 2020). · cites it 13× “Specifically, as it relates to the elements of that offense, Boyd argues that there was insufficient evidence to find that (a) Pistillo was a “‘vul- nerable adult,’” (b) Boyd was a “‘caregiver,’” and (c) Boyd committed an “‘act’” which caused or permitted Pistillo to be…”

State v. Janssen, 584 N.W.2d 27 (Neb. Ct. App. 1998). · cites it 7× “Connie Janssen (Janssen) was convicted of the abuse of a vulnerable adult, in violation of Neb. Rev. Stat. § 28-386 (Reissue 1995). Janssen appeals her conviction, arguing that the court erred in allowing a social worker to testify regarding the victim’s mental and functional…”

State v. Neal (Neb. Ct. App. 2023). · cites it 5× “§ 28-603 (Reissue 2016); two counts of abuse of a vulnerable or senior adult, each a Class IIIA felony, -1- pursuant to Neb. Rev. Stat. § 28-386 (Reissue 2016); and one count of attempted theft over $5,000, a Class IIIA felony, pursuant to Neb.”

In re Interest of M.J. (Neb. Ct. App. 2019). · cites it 2× “01; (vi) sexual assault of a vulnerable adult or senior adult pursuant to subdivision (1)(c) of section 28-386; (vii) incest of a minor pursuant to section 28-703; (viii) visual depiction of sexually explicit conduct of a child pursuant to section 28-1463.”

State v. Rakosnik (Neb. Ct. App. 2014). · cites it 2× “Neb. Rev. Stat. § 28-386 (Reissue 2008) states that a “person commits knowing and intentional abuse of a vulnerable adult if he or she through a knowing and intentional act causes or permits a vulnerable adult to be .”

— Neb. Rev. Stat. § 28-386(1) — 2 cases

State v. Boyd, 28 Neb. Ct. App. 874 (Neb. Ct. App. 2020). “Specifically, as it relates to the elements of that offense, Boyd argues that there was insufficient evidence to find that (a) Pistillo was a “‘vul- nerable adult,’” (b) Boyd was a “‘caregiver,’” and (c) Boyd committed an “‘act’” which caused or permitted Pistillo to be…”

State v. Neal (Neb. Ct. App. 2023). “§ 28-603 (Reissue 2016); two counts of abuse of a vulnerable or senior adult, each a Class IIIA felony, -1- pursuant to Neb. Rev. Stat. § 28-386 (Reissue 2016); and one count of attempted theft over $5,000, a Class IIIA felony, pursuant to Neb.”

— Neb. Rev. Stat. § 28-386(1)(f) — 1 case

— Neb. Rev. Stat. § 28-386(l)(d) — 1 case

State v. Janssen, 584 N.W.2d 27 (Neb. Ct. App. 1998). “Connie Janssen (Janssen) was convicted of the abuse of a vulnerable adult, in violation of Neb. Rev. Stat. § 28-386 (Reissue 1995). Janssen appeals her conviction, arguing that the court erred in allowing a social worker to testify regarding the victim’s mental and functional…”

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