§ 25-21,248.Terroristic threats; action authorized.
Article 21: Special Proceedings and Actions · Last amended 1995 · Last verified July 22, 2026
Full Text of § 25-21,248
Source
Laws 1995, LB 371, § 30.
Plain-English Summary
Section 25-21,248 turns a criminal conviction into the foundation for a civil claim. It applies to a broad set of potential plaintiffs — an individual, a partnership, a firm, a limited liability company, a corporation, a company, a society or association, the state, or any state department, agency, or subdivision, along with any other public or private entity. Any of them, if aggrieved by the actions of a person convicted of making terroristic threats under the criminal statute the section cites, has a cause of action against that person.
The recovery reaches loss or damage resulting from the underlying conduct that led to the conviction, plus reasonable costs and attorney’s fees. Tying the civil action to a completed conviction gives the plaintiff a settled factual predicate: the criminal case has already established that the defendant engaged in the threatening conduct, which narrows what the civil case needs to prove about the defendant’s wrongdoing.
By writing in reasonable costs and fees as part of the recoverable damages, the Legislature made clear this is not an ordinary tort claim measured only by compensatory loss. It gives victims of terroristic threats — whether individuals, businesses, or government bodies — a path to recoup the practical cost of pursuing the wrongdoer in civil court, not only the underlying loss itself.
Frequently Asked Questions
Does a criminal conviction have to happen before this civil action can proceed?
Yes. The cause of action runs against an individual convicted of a violation of the terroristic-threats statute the section references, for loss or damage resulting from the conduct underlying that conviction.
Who can bring this civil action?
Any individual, partnership, firm, limited liability company, corporation, company, society, association, the state or any of its departments, agencies, or subdivisions, or any other public or private entity aggrieved by the underlying conduct.
What can a plaintiff recover?
Loss or damage resulting from the conduct that formed the basis for the conviction, plus reasonable costs and attorney’s fees.
Is this the same as a general assault or intentional-infliction-of-emotional-distress claim?
No. This is a distinct statutory cause of action tied specifically to a conviction for terroristic threats, with its own fee-shifting provision, rather than a generic tort claim.
Does the plaintiff have to reprove the defendant’s wrongdoing from scratch?
The civil action is built on the conduct underlying an existing conviction, which gives the plaintiff a factual predicate already established in the criminal case, though the plaintiff still must prove the loss or damage the conduct caused.