§ 29-2282 — Property damage; bodily injury; death; relief authorized

Nebraska § 29-2282

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property, including property returned by the defendant; or (3) payment of the reasonable replacement value of the property, if return or repair is impossible, impractical, or inadequate. If the offense results in bodily injury, the court may require payment of necessary medical care, including, but not limited to, physical or psychological treatment and therapy, and payment for income lost due to such bodily injury. If the offense results in the death of the victim, the court may require payment to be made to the estate of the victim for the cost of any medical care prior to death and for funeral and burial expenses.

Legislative History

Source: Laws 1986, LB 956, § 3. Annotations: Restitution will be upheld if calculated by use of reasonable methods; therefore, when the defendant does not present contradictory evidence, the court does not err in relying on a victim's competent estimates of loss. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020). The determination of whether return or repair is impossible, impractical, or inadequate is left to the sound discretion of the sentencing court and is not necessarily bound by concepts of fair market value. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020). This section warrants restitution where the offense results in damage, destruction, or loss of property. State v. McBride, 27 Neb. App. 219, 927 N.W.2d 842 (2019).