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Nebraska Revised Statutes

Neb. Rev. Stat. § 28-522 (2026)

Criminal trespass; affirmative defenses

✓ current as of July 2026
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It is an affirmative defense to prosecution under sections 28-520 and 28-521 that:

(1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or

(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3) The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him to enter or remain; or

(4) The actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river in this state and found it necessary to portage or otherwise transport the vessel around any fence or obstructions in such stream or river.

Notes of Decisions
Cited in 19 cases, 1955–2019 · leading case: State v. Stanko, 304 Neb. 675 (Neb. 2019).
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State v. Stanko, 304 Neb. 675 (Neb. 2019). · cites it 18× “A person entering premises open to the public has not “com- plied with all lawful conditions imposed on access to or remaining in the premises” pursuant to Neb. Rev. Stat. § 28-522 (2) (Reissue 2016) if he or she has been lawfully barred from the premises and the business has…”
State v. Oltjenbruns, 193 N.W.2d 744 (Neb. 1972). · cites it 8× “This is a prosecution under section 28-522, R. R. S. 1943, for concealing a motorcycle with knowledge that it had been stolen, with the intent to defraud the owner thereof.”
State v. W.D., 441 N.W.2d 608 (Neb. 1989). · cites it 2× “This statute is modeled roughly after Model Penal Code § 221.”
State v. Miller, 337 N.W.2d 424 (Neb. 1983). · cites it 3× “” Neb. Rev. Stat. § 28-522 (Reissue 1979). The defendant contends that both burglary and criminal trespass require proof that the defendant entered the premises with no right to be on the premises.”
Lingo v. Hann, 71 N.W.2d 716 (Neb. 1955). · cites it 2× “Section 28-522, R. R. S. 1943, provides that whoever is found guilty of stealing an automobile shall be imprisoned in the penitentiary for not less than 1 year nor more than 10 years.”
State v. Anderson, 706 N.W.2d 564 (Neb. Ct. App. 2005). · cites it 2× “Affirmative defenses to prosecution under § 28-520, set forth in Neb. Rev. Stat. § 28-522 (Reissue 1995), are as follows: (1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or (2) The premises were at the time open to members of the…”
State v. Gundlach, 224 N.W.2d 167 (Neb. 1974). · cites it 2× “The penalty under section 28-522, R. R. S. 1943, for-stealing or receiving' stolen automobiles, is imprisonment in the Nebraska Penal and Correctional Complex for not less than 1 year nor more than 10 years.”
State v. Cunningham, 176 N.W.2d 732 (Neb. 1970). · cites it 3× “The defendant was charged with auto theft in violation *489 of section 28-522, R. R. S. 1943. He waived preliminary hearing and was brought before the district court on December 23, 1968.”
Kruger v. Brainard, 161 N.W.2d 520 (Neb. 1968). · cites it 4× “’ ” The petitioner’s principal contention is that the evidence failed to show that the tan Plymouth automobile was a “stolen” automobile.”
State v. Tweedy, 242 N.W.2d 631 (Neb. 1976). · cites it 2× “Defendant was originally charged with two counts of auto theft, but as a result of a plea bargain one other charge was dropped. While defendant has no previous felony convictions, he had been confined in the Boys’ Training School at Kearney.”
State v. Blotzer, 195 N.W.2d 199 (Neb. 1972). “The defendants contend the evidence was insufficient to sustain a finding that they intended to deprive the owner of his property permanently and that the instructions to the jury were erroneous because they did not advise the jury that such an intent was an essential element of…”
State v. Tweedy, 242 N.W.2d 627 (Neb. 1976). · cites it 2× “auto theft, but as a result of a plea bargain one of the counts was dropped, along with a felony check charge.”
Show all 19 citing cases →
— Neb. Rev. Stat. § 28-522(2) — 1 case
State v. Stanko, 304 Neb. 675 (Neb. 2019). “A person entering premises open to the public has not “com- plied with all lawful conditions imposed on access to or remaining in the premises” pursuant to Neb. Rev. Stat. § 28-522 (2) (Reissue 2016) if he or she has been lawfully barred from the premises and the business has…”
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