Neb. Rev. Stat. § 28-1407 : CRIMES AND PUNISHMENTS — NONCODE PROVISIONS —JUSTIFICATION FOR USE OF FORCE —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.

Neb. Rev. Stat. § 28-1407

Laws 1972, LB 895, § 2; R.R.S.1943, § 28-834, (1975).
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