reglab/housing_qa huggingface dataset:
NE Code § 28-310.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-310.01 - Assault by strangulation or suffocation; penalty; affirmative defense.

28-310.01.  Assault by strangulation or suffocation; penalty; affirmative defense.(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally:(a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or(b) Impedes the normal breathing of another person by covering the mouth and nose of the person.(2) An offense is committed under this section regardless of whether a visible injury resulted.(3) Except as provided in subsection (4) of this section, a violation of this section is a Class IIIA felony.(4) A violation of this section is a Class IIA felony if:(a) The person used or attempted to use a dangerous instrument while committing the offense;(b) The person caused serious bodily injury to the other person while committing the offense; or(c) The person has been previously convicted of a violation of this section.(5) It is an affirmative defense that an act constituting strangulation or suffocation was the result of a legitimate medical procedure.Source  Laws 2004, LB 943, § 2;  Laws 2015, LB605, § 13;  Laws 2019, LB141, § 2.
NE Code § 28-311 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311 - Criminal child enticement; attempt; penalties.

28-311.  Criminal child enticement; attempt; penalties.(1)(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure or attempt to solicit, coax, entice, or lure any child under the age of fourteen years to enter into any vehicle, whether or not the person knows the age of the child.(b) No person, by any means and without privilege to do so, shall solicit, coax, entice, or lure or attempt to solicit, coax, entice, or lure any child under the age of fourteen years to enter into any place with the intent to seclude the child from his or her parent, guardian, or other legal custodian or the general public, whether or not the person knows the age of the child. For purposes of this subdivision, seclude means to take, remove, hide, secrete, conceal, isolate, or otherwise unlawfully separate.(2) It is an affirmative defense to a charge under this section that:(a) The person had the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity;(b)(i) The person is a law enforcement officer, emergency services provider as defined in section 71-507, firefighter, or other person who regularly provides emergency services, is the operator of a bookmobile or other such vehicle operated by the state or a political subdivision and used for informing, educating, organizing, or transporting children, is a paid employee of, or a volunteer for, a nonprofit or religious organization which provides activities for children, or is an employee or agent of or a volunteer acting under the direction of any board of education and (ii) the person listed in subdivision (2)(b)(i) of this section was, at the time the person undertook the activity, acting within the scope of his or her lawful duties in that capacity; or(c) The person undertook the activity in response to a bona fide emergency situation or the person undertook the activity in response to a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.(3) Any person who violates this section commits criminal child enticement and is guilty of a Class IIIA felony. If such person has previously been convicted of (a) criminal child enticement under this section, (b) sexual assault of a child in the first degree under section 28-319.01, (c) sexual assault of a child in the second or third degree under section 28-320.01, (d) child enticement by means of an electronic communication device under section 28-320.02, or (e) assault under section 28-308, 28-309, or 28-310, kidnapping under section 28-313, or false imprisonment under section 28-314 or 28-315 when the victim was under eighteen years of age when such person violates this section, such person is guilty of a Class IIA felony.Source  Laws 1999, LB 49, § 2;  Laws 2006, LB 1199, § 3;  Laws 2009, LB97, § 10;  Laws 2011, LB665, § 1;  Laws 2015, LB605, § 14.  Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.
NE Code § 28-311.03 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.03 - Stalking.

28-311.03.  Stalking.Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.Source   Laws 1992, LB 1098, § 2;   Laws 1993, LB 299, § 2;   Laws 1998, LB 218, § 4;  Laws 2006, LB 1113, § 22.  Annotations Nebraska's stalking statutes focus both on the behavior of the perpetrator and on the experience of the victim. In re Interest of Jeffrey K., 273 Neb. 239, 728 N.W.2d 606 (2007).
NE Code § 28-311.04 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.04 - Stalking; violations; penalties.

28-311.04.  Stalking; violations; penalties.(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.(2) Any person convicted of violating section 28-311.03 is guilty of a Class IIIA felony if:(a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years;(b) The victim is under sixteen years of age;(c) The person possessed a deadly weapon at any time during the violation;(d) The person was also in violation of section 28-311.09, 28-311.11, 42-924, or 42-925, or in violation of a valid foreign harassment protection order recognized pursuant to section 28-311.10 or a valid foreign sexual assault protection order recognized pursuant to section 28-311.12 at any time during the violation; or(e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony.Source   Laws 1992, LB 1098, § 3;   Laws 1993, LB 299, § 3;  Laws 2006, LB 1113, § 23;  Laws 2015, LB605, § 16;  Laws 2017, LB289, § 3.
NE Code § 28-311.05 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.05 - Stalking; not applicable to certain conduct.

28-311.05.  Stalking; not applicable to certain conduct.Sections 28-311.02 to 28-311.04, 28-311.09, and 28-311.10 shall not apply to conduct which occurs during labor picketing.Source   Laws 1992, LB 1098, § 4;   Laws 1998, LB 218, § 5.
NE Code § 28-311.06 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.06 - Hazing, defined; penalty.

28-311.06.  Hazing, defined; penalty.(1) For purposes of this section, hazing means any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization. Such hazing activity includes whipping, beating, branding, an act of sexual penetration, an exposure of the genitals of the body done with intent to affront or alarm any person, a lewd fondling or caressing of the body of another person, forced and prolonged calisthenics, prolonged exposure to the elements, forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption, prolonged sleep deprivation, or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person or the coercing of any such activity.(2) It is unlawful to commit the offense of hazing. Any person who commits the offense of hazing is guilty of a Class II misdemeanor.(3) If the offense of hazing is committed for the purpose of initiation into, admission into, affiliation with, or continued membership with an organization of student members operating under the sanction of a postsecondary educational institution and such offense is committed by members of such organization, such organization shall be punished by a fine of not more than ten thousand dollars. Such organization shall not include the alumni organization or any corporation which owns the house or real estate of such organization.Source   Laws 1994, LB 1129, § 2;  Laws 2016, LB710, § 1.
NE Code § 28-311.07 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.07 - Hazing; consent not a defense.

28-311.07.  Hazing; consent not a defense.Notwithstanding any provisions to the contrary, consent shall not be a defense to a prosecution pursuant to section 28-311.06.Source  Laws 1994, LB 1129, § 3.
NE Code § 28-311.10 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.10 - Foreign harassment protection order; enforcement.

28-311.10.  Foreign harassment protection order; enforcement.(1) A valid foreign harassment protection order or order similar to a harassment protection order issued by a court of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.(2) A foreign harassment order issued by a court of another state, tribe, or territory shall be valid if:(a) The issuing court had jurisdiction over the parties and matter under the law of such state, tribe, or territory;(b) The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and(c) The harassment order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless: (i) The respondent filed a cross or counter petition, complaint, or other written pleading seeking such a harassment order; and (ii) the issuing court made specific findings of harassment against both the petitioner and respondent and determined that each party was entitled to such an order. There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.(3) A peace officer may rely upon a copy of any putative valid foreign harassment protection order which has been provided to the peace officer by any source.Source  Laws 1998, LB 218, § 7.
NE Code § 28-311.12 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-311.12 - Foreign sexual assault protection order; enforcement.

28-311.12.  Foreign sexual assault protection order; enforcement.(1) A valid foreign sexual assault protection order or an order similar to a sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.(2) A foreign sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be valid if:(a) The issuing court had jurisdiction over the parties and matter under the law of such state, territory, possession, or tribe;(b) The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and(c) The sexual assault protection order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless: (i) The respondent filed a cross or counter petition, complaint, or other written pleading seeking such a sexual assault protection order; and (ii) the issuing court made specific findings of sexual assault offenses against both the petitioner and respondent and determined that each party was entitled to such an order.(3) There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.(4) A peace officer may rely upon a copy of any putative valid foreign sexual assault protection order which has been provided to the peace officer by any source.Source Laws 2017, LB289, § 5.
NE Code § 28-312 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-312 - Terms, defined.

28-312.  Terms, defined.As used in sections 28-312 to 28-315, unless the context otherwise requires:(1) Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty:(a) By means of force, threat, or deception; or(b) If the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of him; and(2) Abduct shall mean to restrain a person with intent to prevent his liberation by:(a) Secreting or holding him in a place where he is not likely to be found; or(b) Endangering or threatening to endanger the safety of any human being.Source  Laws 1977, LB 38, § 27.
NE Code § 28-314 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-314 - False imprisonment in the first degree; penalty.

28-314.  False imprisonment in the first degree; penalty.(1) A person commits false imprisonment in the first degree if he or she knowingly restrains or abducts another person (a) under terrorizing circumstances or under circumstances which expose the person to the risk of serious bodily injury; or (b) with intent to hold him or her in a condition of involuntary servitude.(2) False imprisonment in the first degree is a Class IIIA felony.Source   Laws 1977, LB 38, § 29;   Laws 1997, LB 364, § 5. Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.Annotations  Sufficient evidence was presented from which a jury could reasonably infer that the defendant, either alone or while aiding and abetting a codefendant, intended to restrain the victim under terrorizing circumstances which exposed her to the risk of serious bodily injury. State v. Nissen, 252 Neb. 51, 560 N.W.2d 157 (1997). Sections 28-313 and 28-314 define separate offenses. State v. Miller, 216 Neb. 72, 341 N.W.2d 915 (1983). Pursuant to subsection (1) of this section, the offense of first degree false imprisonment requires that the knowing restraint of another person be either under terrorizing circumstances, under circumstances which expose the person to the risk of serious bodily injury, or with the intent to hold the individual in a condition of involuntary servitude. None of these conditions can be accomplished without restraining the individual without legal authority. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002). Pursuant to subsection (1) of this section, the restraint required to commit the offense of first degree false imprisonment must necessarily be without legal authority. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002). 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). First degree false imprisonment is not a lesser-included offense of kidnapping. State v. Newman, 5 Neb. App. 291, 559 N.W.2d 764 (1997).
NE Code § 28-315 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-315 - False imprisonment in the second degree; penalty.

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.Source  Laws 1977, LB 38, § 30.Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.Annotations 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).
NE Code § 28-316 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-316 - Violation of custody; penalty.

28-316.  Violation of custody; penalty.(1) Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other lawful custodian commits the offense of violation of custody.(2) Except as provided in subsection (3) of this section, violation of custody is a Class II misdemeanor.(3) Violation of custody in contravention of an order of any district or juvenile court of this state granting the custody of a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian of the custody of such child, is a Class IV felony.Source  Laws 1977, LB 38, § 31.
NE Code § 28-316.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-316.01 - Sexual abuse by a school employee; penalty.

28-316.01.  Sexual abuse by a school employee; penalty.(1) For purposes of this section:(a) Sexual contact has the same meaning as in section 28-318;(b) Sexual penetration has the same meaning as in section 28-318;(c) School employee means a person nineteen years of age or older who is employed by a public, private, denominational, or parochial school approved or accredited by the State Department of Education; and(d) Student means a person at least sixteen but not more than nineteen years of age enrolled in or attending a public, private, denominational, or parochial school approved or accredited by the State Department of Education, or who was such a person enrolled in or who attended such a school within ninety days of any violation of this section.(2) A person commits the offense of sexual abuse by a school employee if a school employee subjects a student in the school to which such employee is assigned for work to sexual penetration or sexual contact, or engages in a pattern or scheme of conduct to subject a student in the school to which such employee is assigned for work to sexual penetration or sexual contact. It is not a defense to a charge under this section that the student consented to such sexual penetration or sexual contact.(3) Any school employee who engages in sexual penetration with a student is guilty of sexual abuse by a school employee in the first degree. Sexual abuse by a school employee in the first degree is a Class IIA felony.(4) Any school employee who engages in sexual contact with a student is guilty of sexual abuse by a school employee in the second degree. Sexual abuse by a school employee in the second degree is a Class IIIA felony.(5) Any school employee who engages in a pattern or scheme of conduct with the intent to subject a student to sexual penetration or sexual contact is guilty of sexual abuse by a school employee in the third degree. Sexual abuse by a school employee in the third degree is a Class IV felony.Source Laws 2020, LB881, § 12.
NE Code § 28-317 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-317 - Sexual assault; legislative intent.

28-317.  Sexual assault; legislative intent.It is the intent of the Legislature to enact laws dealing with sexual assault and related criminal sexual offenses which will protect the dignity of the victim at all stages of judicial process, which will insure that the alleged offender in a criminal sexual offense case have preserved the constitutionally guaranteed due process of law procedures, and which will establish a system of investigation, prosecution, punishment, and rehabilitation for the welfare and benefit of the citizens of this state as such system is employed in the area of criminal sexual offenses.Source  Laws 1977, LB 38, § 32.
NE Code § 28-320.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-320.01 - Sexual assault of a child; second or third degree; penalties.

28-320.01.  Sexual assault of a child; second or third degree; penalties.(1) A person commits sexual assault of a child in the second or third degree if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older.(2) Sexual assault of a child is in the second degree if the actor causes serious personal injury to the victim. Sexual assault of a child in the second degree is a Class II felony for the first offense.(3) Sexual assault of a child is in the third degree if the actor does not cause serious personal injury to the victim. Sexual assault of a child in the third degree is a Class IIIA felony for the first offense.(4) Any person who is found guilty of second degree sexual assault of a child under this section and who has previously been convicted (a) under this section, (b) under section 28-319 of first degree or attempted first degree sexual assault, (c) under section 28-319.01 for first degree or attempted first degree sexual assault of a child, or (d) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-319.01 shall be guilty of a Class IC felony and shall be sentenced to a mandatory minimum term of twenty-five years in prison.(5) Any person who is found guilty of third degree sexual assault of a child under this section and who has previously been convicted (a) under this section, (b) under section 28-319 of first degree or attempted first degree sexual assault, (c) under section 28-319.01 for first degree or attempted first degree sexual assault of a child, or (d) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-319.01 shall be guilty of a Class IC felony.Source   Laws 1984, LB 79, § 1;   Laws 1991, LB 23, § 1;   Laws 1996, LB 645, § 14;   Laws 1997, LB 364, § 6;  Laws 2006, LB 1199, § 7.  Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.Annotations  The exact date of the commission of an offense is not a substantive element of first, second, or third degree sexual assault of a child. State v. Samayoa, 292 Neb. 334, 873 N.W.2d 449 (2015). As used in this section, the phrase, "fourteen years of age or younger" designates persons whose age is less than or under fourteen years, and also designates persons who have reached and passed their fourteenth birthday but have not reached their fifteenth birthday. State v. Carlson, 223 Neb. 874, 394 N.W.2d 669 (1986). Sexual assault of a child is not a lesser-included offense of first degree sexual assault of a child. State v. Putz, 11 Neb. App. 332, 650 N.W.2d 486 (2002).