NE 28-1407. Justification; choice of evils.

NE 28-1407. Justification; choice of evils.

State: Nebraska

 

Nebraska Revised Statutes (NRS)

Chapter 28. Crimes and Punishments

28-1407. Justification; choice of evils.

(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.

By | 2013-01-11T13:34:55+00:00 January 11th, 2013|Comments Off on NE 28-1407. Justification; choice of evils.