It is an affirmative defense to prosecution under sections 28-520 and 28-521 that: (1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or (2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (3) The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him to enter or remain; or (4) The actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river in this state and found it necessary to portage or otherwise transport the vessel around any fence or obstructions in such stream or river.
Neb. Rev. Stat. § 28-522
Criminal trespass; affirmative defenses
Applied in 3 court decisions — leading case State v. Miller (1983)
Most recently applied in State v. Stanko (December 2019)
Laws 1977, LB 38, § 121.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.