LEGISLATIVE BILL 804
LB 804
Approved by the Governor
April 11, 2012
Introduced by Lautenbaugh, 18; Coash, 27; Fulton, 29; Price, 3; Janssen, 15;
Schilz, 47.
FOR AN ACT relating to crimes and offenses; to amend section 28-1416, Reissue
Revised Statutes of Nebraska; to change provisions relating to
justification for use of force; to harmonize provisions; and to
repeal the original section.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-1416, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1416 (1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.
(2) The fact that conduct is justifiable under sections 28-1406 to 28-1416 does not abolish or impair any remedy for such conduct which is available in any civil action.
(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.
Sec. 2. Original section 28-1416, Reissue Revised Statutes of Nebraska, is repealed.
Very confusing. I can use "justifiable action" as an affirmative defense against prosecution for actions taken to protect myself, but even if I win the criminal case my "justifiable" action "does not abolish or impair any remedy for such conduct which is available in any civil action"? So, I can avoid prison but be made a pauper for life if I lose a civil action, which has a much lower threshold and is more easily swayed by political correctness Some law. We need a "Stand Your Ground" law which includes immunity from being punished by the thugs relatives for defending one's self from the thug.