Nebraska § 28-315 - False imprisonment in the second degree; penalty.
Full text of Nebraska Revised Statutes of Nebraska § 28-315 — False imprisonment in the second degree; penalty., with citation guidance and answers to common questions.
§ 28-315. False imprisonment in the second degree; penalty.
(1) A person commits false imprisonment in the second degree if he knowingly restrains another person without legal authority.
(2) In any prosecution under this section, it shall be an affirmative defense that the person restrained (a) was on or in the immediate vicinity of the premises of a retail mercantile establishment and he was restrained for the purpose of investigation or questioning as to the ownership of any merchandise; and (b) was restrained in a reasonable manner and for not more than a reasonable time; and (c) was restrained to permit such investigation or questioning by a police officer, or by the owner of the mercantile establishment, his authorized employee or agent; and (d) that such police officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft of merchandise on the premises; Provided, nothing in this section shall prohibit or restrict any person restrained pursuant to this section from maintaining any applicable civil remedy if no theft has occurred.
(3) False imprisonment in the second degree is a Class I misdemeanor.
Second degree false imprisonment is a lesser-included offense of first degree false imprisonment. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 28-315
What does Revised Statutes of Nebraska § 28-315 cover?
Section 28-315 ("False imprisonment in the second degree; penalty.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 28-315?
A common citation format is "Revised Statutes of Nebraska § 28-315" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 28-315 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.