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Nebraska · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Neb. Rev. Stat. § 28-1407: Neb. Rev. Stat. § 28-1407

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Where this section sits in the code
  1. NE Code
  2. Chapter 28

(1) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if:

(a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;

(b) Neither sections 28-1406 to 28-1416 nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and

(c) A legislative purpose to exclude the justification claimed does not otherwise plainly appear.

(2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

Collected 2026-09-14T18:32:21Z. Source file · JSON

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