Nebraska Statutes
§ 28-358 — Exploitation, defined
Nebraska·Ch. 28 Crimes and Punishments
Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.
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Related
State v. Vanderford
980 N.W.2d 397 (Nebraska Supreme Court, 2022)
State v. Stubbs
555 N.W.2d 55 (Nebraska Court of Appeals, 1996)
State v. Janssen
584 N.W.2d 27 (Nebraska Court of Appeals, 1998)
State v. Neal
(Nebraska Court of Appeals, 2023)
State v. Rakosnik
(Nebraska Court of Appeals, 2014)
Legislative History
Source: Laws 1988, LB 463, § 11; Laws 2012, LB1051, § 6; Laws 2016, LB934, § 4.
Annotations: The statutory definition of exploitation does not require proof of a financial crime. State v. Vanderford, 312 Neb. 580, 980 N.W.2d 397 (2022).
Nearby Sections
15
§ 28-1001
Repealed. Laws 1990, LB 50, § 13§ 28-1002
Repealed. Laws 1990, LB 50, § 13§ 28-1003
Transferred to section28-1010§ 28-1004
Terms, defined§ 28-1007
Sections, how
construed§ 28-1008
Terms, defined§ 28-1009.02
Repealed. Laws 2010, LB 865, § 17§ 28-1009.03
Repealed. Laws 2010, LB 865, § 17§ 28-101
Code, how cited§ 28-1010
Indecency with
an animal; penalty