Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2280 (2026)

Restitution; order; when

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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A sentencing court may order the defendant to make restitution for the actual physical injury or property damage or loss sustained by the victim as a direct result of the offense for which the defendant has been convicted. With the consent of the parties, the court may order restitution for the actual physical injury or property damage or loss sustained by the victim of an uncharged offense or an offense dismissed pursuant to plea negotiations. Whenever the court believes that restitution may be a proper sentence or the victim of any offense or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the actual damages sustained by the victim.

Notes of Decisions
Cited in 41 cases (2 in the last 5 years), 1987–2025 · leading case: State v. Clapper, 732 N.W.2d 657 (Neb. 2007).
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State v. Clapper, 732 N.W.2d 657 (Neb. 2007). · cites it 28× “Restitution under Neb.Rev.Stat. § 29-2280 (Reissue 1995) is a criminal penalty imposed as punishment for a crime and is part of the criminal sentence.”
State v. Escamilla, 467 N.W.2d 59 (Neb. 1991). · cites it 19× “Other than in a few scattered statutes which are not relevant to this case, restitution in criminal cases is provided for in Neb. Rev. Stat. §§ 29-2280 to 29-2289 (Reissue 1989).”
State v. Street, 945 N.W.2d 450 (Neb. 2020). · cites it 14× “Plain error exists where there is an error, plainly evident from the record but not complained of at trial, which prejudicially affects a substantial right of a litigant and is of such a nature that to leave it uncorrected would cause a miscarriage of justice or result in damage…”
State v. McCulley, 939 N.W.2d 373 (Neb. 2020). · cites it 7× “We find no merit to McCulley’s contention that the district court improperly balanced McCulley’s earning ability, employment status, financial resources, and family or other legal obligations against her obligations to the victims of her crimes, especially when McCulley agreed…”
State v. St. Cyr, 916 N.W.2d 753 (Neb. Ct. App. 2018). · cites it 5× “Neb. Rev. Stat. § 29-2280 (Reissue 2016).”
State v. McMann, 541 N.W.2d 418 (Neb. Ct. App. 1995). · cites it 8× “Restitution is purely statutory, and a court has no power to issue such an order in the absence of enabling legislation. See, Arthur W. Campbell, Law of Sentencing § 3:3 (2d ed.”
State v. Yost, 455 N.W.2d 162 (Neb. 1990). · cites it 8× “Initially, these dollar amounts are properly termed “restitution” and are controlled by the provisions of Neb. Rev. Stat. §§ 29-2280 to 29-2289 (Reissue 1989).”
State v. Holecek, 621 N.W.2d 100 (Neb. 2000). · cites it 7× “Neb. Rev. Stat. § 29-2280 et seq. (Reissue 1995) vests trial courts with the authority to order restitution for actual damages sustained by the victim of a crime for which a defendant is *979 convicted.”
State v. McGinnis, 507 N.W.2d 46 (Neb. Ct. App. 1993). · cites it 8× “Section 29-2280 requires the sentencing court to include documentation of a victim’s actual damages in a presentence report in cases where the court orders a defendant to make restitution to a victim.”
State v. War Bonnett, 428 N.W.2d 508 (Neb. 1988). · cites it 10× “At the arraignment the court informed the defendant that if he entered a plea of guilty, he could be subjected to 5 years in prison and a $10,000 fine.”
State v. Brandon M., 727 N.W.2d 230 (Neb. 2007). · cites it 3× “Although his assignments of error broadly attack the juvenile court’s order imposing restitution, in his brief, Brandon argues only that the juvenile court erred because the restitution order violated Neb. Rev. Stat. §§ 29-2280 and 29-2281 (Reissue 1995) and case law…”
State v. Hosack, 668 N.W.2d 707 (Neb. Ct. App. 2003). · cites it 4× “Hosack argues that the restitution sentence is contrary to Neb. Rev. Stat. §§ 29-2280 and 29-2281 (Reissue 1995) in that there was no evidence of any actual damages or losses sustained as a direct result of the charge for which he was convicted, because Hosack was convicted only…”
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