Justification an affirmative defense; available in certain civil actions.

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28-1416. Justification an affirmative defense; available in certain civil actions.

(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.

(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.

Source

  • Laws 1972, LB 895, § 11;
  • R.R.S.1943, § 28-843, (1975);
  • Laws 2012, LB804, § 1.


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