In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property, including property returned by the defendant; or (3) payment of the reasonable replacement value of the property, if return or repair is impossible, impractical, or inadequate. If the offense results in bodily injury, the court may require payment of necessary medical care, including, but not limited to, physical or psychological treatment and therapy, and payment for income lost due to such bodily injury. If the offense results in the death of the victim, the court may require payment to be made to the estate of the victim for the cost of any medical care prior to death and for funeral and burial expenses.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1991–2025 · leading case:
State v. McBride, 27 Neb. Ct. App. 219 (Neb. Ct. App. 2019).
State v. McBride, 27 Neb. Ct. App. 219 (Neb. Ct. App. 2019).
· cites it 5× “§ 29-2282 (Reissue 2016) provides: In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property,…”
State v. Street, 306 Neb. 380 (Neb. 2020).
· cites it 10× “Under the plain language of Neb. Rev. Stat. § 29-2282 (Reissue 2016), reasonable replacement value is the measure of restitu- tion only “if return or repair is impossible, impractical, or inadequate.”
State v. St. Cyr, 26 Neb. Ct. App. 61 (Neb. Ct. App. 2018).
· cites it 2× “Neb. Rev. Stat. § 29-2282 (Reissue 2016).”
State v. McMann, 541 N.W.2d 418 (Neb. Ct. App. 1995).
· cites it 2× “§ 29-2282 (Reissue 1989): *248 In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing, the property .”
State v. McLain, 469 N.W.2d 539 (Neb. 1991).
“See § 29-2282. A sentencing court may order the defendant to make restitution for the actual physical injury .”
State v. McBride, 27 Neb. Ct. App. 219 (Neb. Ct. App. 2019).
· cites it 5× “Neb. Rev. Stat. § 29-2282 (Reissue 2016) provides: In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if pos- sible; (2) payment of the reasonable value of repairing the…”
State v. McBride, 27 Neb. Ct. App. 219 (Neb. Ct. App. 2019).
· cites it 5× “Neb. Rev. Stat. § 29-2282 (Reissue 2016) provides: In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if pos- sible; (2) payment of the reasonable value of repairing the…”
State v. Reeves (Neb. Ct. App. 2019).
· cites it 4× “Further, Neb. Rev. Stat. § 29-2282 (Reissue 2016) provides: In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of…”
State v. Street (Neb. Ct. App. 2019).
· cites it 4× “§ 29-2282. Street first argues that there was insufficient evidence of actual damages to support the amount of restitution ordered.”
State v. St. Cyr, 26 Neb. Ct. App. 61 (Neb. Ct. App. 2018).
· cites it 2× “Neb. Rev. Stat. § 29-2282 (Reissue 2016).”
State v. Stewart (Neb. Ct. App. 2025).
· cites it 2× “Section 29-2282 elaborates in relevant part: In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the…”
— Neb. Rev. Stat. § 29-2282(3) — 1 case
State v. Street, 306 Neb. 380 (Neb. 2020).
“Under the plain language of Neb. Rev. Stat. § 29-2282 (Reissue 2016), reasonable replacement value is the measure of restitu- tion only “if return or repair is impossible, impractical, or inadequate.”
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