reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-705 - Abandonment of spouse, child, or dependent stepchild; prohibited acts; penalty.

28-705.
Abandonment of spouse, child, or dependent stepchild; prohibited acts; penalty.
(1) Any person who abandons and neglects or refuses to maintain or provide for his or her spouse or his or her child or dependent stepchild, whether such child is born in or out of wedlock, commits abandonment of spouse, child, or dependent stepchild.
(2) For the purposes of this section, child shall mean an individual under the age of sixteen years.
(3) When any person abandons and neglects to provide for his or her spouse or his or her child or dependent stepchild for three consecutive months or more, it shall be prima facie evidence of intent to violate the provisions of subsection (1) of this section.
(4) A designation of assets for or use of income by an individual in accordance with section 68-922 shall be considered just cause for failure to use such assets or income to provide medical support of such individual's spouse.
(5) Abandonment of spouse, child, or dependent stepchild is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 144;
Laws 1978, LB 748, § 11;
Laws 1988, LB 419, § 10;
Laws 1989, LB 362, § 1;
Laws 2006, LB 1248, § 51.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-710.01 - Legislative declarations.

28-710.01.
Legislative declarations.
(1) The Legislature declares that the public policy of the State of Nebraska is to protect children whose health or welfare may be jeopardized by abuse or neglect. The Legislature recognizes that most families want to keep their children safe, but circumstances or conditions sometimes interfere with their ability to do so. Families and children are best served by interventions that engage their protective capacities and address immediate safety concerns and ongoing risks of child abuse or neglect. In furtherance of this public policy and the family policy and principles set forth in sections 43-532 and 43-533, it is the intent of the Legislature to strengthen the family and make the home, school, and community safe for children by promoting responsible child care in all settings and to provide, when necessary, a safe temporary or permanent home environment for abused or neglected children.
(2) In addition, it is the policy of this state to: Require the reporting of child abuse or neglect in home, school, and community settings; provide for alternative response to reports as permitted by law and the rules and regulations of the department; provide for traditional response to reports as required by law and the rules and regulations of the department; and provide protective and supportive services designed to preserve and strengthen the family in appropriate cases.
Source
Laws 2014, LB853, § 2;
Laws 2020, LB1061, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-711 - Child subjected to abuse or neglect; report; contents; toll-free number.

28-711.
Child subjected to abuse or neglect; report; contents; toll-free number.
(1) When any physician, any medical institution, any nurse, any school employee, any social worker, the Inspector General appointed under section 43-4317, or any other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances which reasonably would result in child abuse or neglect, he or she shall report such incident or cause a report of child abuse or neglect to be made to the proper law enforcement agency or to the department on the toll-free number established by subsection (2) of this section. Such report may be made orally by telephone with the caller giving his or her name and address, shall be followed by a written report, and to the extent available shall contain the address and age of the abused or neglected child, the address of the person or persons having custody of the abused or neglected child, the nature and extent of the child abuse or neglect or the conditions and circumstances which would reasonably result in such child abuse or neglect, any evidence of previous child abuse or neglect including the nature and extent, and any other information which in the opinion of the person may be helpful in establishing the cause of such child abuse or neglect and the identity of the perpetrator or perpetrators. Law enforcement agencies receiving any reports of child abuse or neglect under this subsection shall notify the department pursuant to section 28-718 on the next working day by telephone or mail.
(2) The department shall establish a statewide toll-free number to be used by any person any hour of the day or night, any day of the week, to make reports of child abuse or neglect. Reports of child abuse or neglect not previously made to or by a law enforcement agency shall be made immediately to such agency by the department.
Source
Laws 1977, LB 38, § 150;
Laws 1979, LB 505, § 2;
Laws 1982, LB 522, § 4;
Laws 1988, LB 463, § 43;
Laws 2002, LB 1105, § 432;
Laws 2005, LB 116, § 2;
Laws 2012, LB821, § 39.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-712 - Reports of child abuse or neglect; department; determination; alternative response; department; use; advisory committee; recommendations; rules and regulations.

28-712.
Reports of child abuse or neglect; department; determination; alternative response; department; use; advisory committee; recommendations; rules and regulations.
(1) Upon receipt of a report pursuant to section 28-711, the department shall determine whether to (a) accept the report for traditional response and an investigation pursuant to section 28-713, (b) accept the report for alternative response pursuant to section 28-712.01, (c) accept the report for screening by the Review, Evaluate, and Decide Team to determine eligibility for alternative response, or (d) classify the report as requiring no further action by the department.
(2)(a) The Nebraska Children's Commission shall appoint an advisory committee to examine the department's alternative response to reports of child abuse or neglect and to make recommendations to the Legislature, the department, and the commission regarding (i) the receipt and screening of reports of child abuse or neglect by the department, (ii) the ongoing use of alternative response, (iii) the ongoing use of traditional response, and (iv) the provision of services within alternative response and non-court-involved cases to ensure child safety, to reduce the risk of child abuse or neglect, and to engage families. The advisory committee may request, receive, and review data from the department regarding such processes.
(b) The members of the advisory committee shall include, but not be limited to, a representative of (i) the department, (ii) law enforcement agencies, (iii) county attorneys or other prosecutors, (iv) the state chapter of child advocacy centers as defined in 34 U.S.C. 20302, (v) attorneys for parents, (vi) guardians ad litem, (vii) a child welfare advocacy organization, (viii) families with experience in the child welfare system, (ix) family caregivers, (x) the Foster Care Review Office, and (xi) the office of Inspector General of Nebraska Child Welfare. Members of the advisory committee shall be appointed for terms of two years. The Nebraska Children's Commission shall appoint the chairperson of the advisory committee and may fill vacancies on the advisory committee as they occur.
(3) The department shall adopt and promulgate rules and regulations to carry out this section and sections 28-710.01, 28-712.01, and 28-713. Such rules and regulations shall include, but not be limited to, provisions on (a) the transfer of cases from alternative response to traditional response, (b) notice to families subject to a comprehensive assessment and served through alternative response of the alternative response process and their rights, including the opportunity to challenge agency determinations, (c) the provision of services through alternative response, and (d) the collection, sharing, and reporting of data.
Source
Laws 2014, LB853, § 3;
Laws 2017, LB225, § 1;
Laws 2020, LB1061, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-713.02 - Non-court-involved cases; right of parent; caregiver authority; department; powers and duties.

28-713.02.
Non-court-involved cases; right of parent; caregiver authority; department; powers and duties.
(1) In all non-court-involved cases in which a child lives temporarily with a kin caregiver or a relative caregiver until reunification can be safely achieved:
(a) A parent shall have the right to have his or her child returned to such parent's home upon demand unless the child is seriously endangered by the child's surroundings and removal is necessary for the child's protection; and
(b) The kin caregiver or the relative caregiver shall have temporary parental authority to exercise powers regarding the care, custody, and property of the child except (i) the power to consent to marriage and adoption of the child and (ii) for other limitations placed on the delegation of parental authority to the kin caregiver or the relative caregiver by the parent.
(2) If a child is seriously endangered and removal is necessary, the department shall inform the parent that he or she may be referred for a court-involved case or for a petition to be filed pursuant to subdivision (3)(a) of section 43-247.
(3) The department may reimburse a kin caregiver or a relative caregiver for facilitating services for the child and shall notify such caregiver if such caregiver is eligible for the child-only Temporary Assistance for Needy Families program established in 42 U.S.C. 601 et seq., and any other public benefit for which such caregiver may be eligible, and shall assist such caregiver in applying for such program or benefit.
(4) In all non-court-involved cases, the department shall provide a written notice of rights to any parent, and, if applicable, to any kin caregiver or relative caregiver, that complies with due process and includes notice (a) of the specific factual basis of the department's involvement, (b) of the possibility that a petition under section 43-247 could be filed in the future if it is determined that the safety of the child is not or cannot be assured, and (c) that the participation of the parent, kin caregiver, or relative caregiver in receiving prevention services could be relevant evidence presented in any future proceedings.
(5) Nothing in this section shall be construed to affect the otherwise existing rights of a child or parent who is involved in a non-court-involved case.
Source
Laws 2020, LB1061, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-713.03 - Rules and regulations.

28-713.03.
Rules and regulations.
(1) The department shall adopt and promulgate rules and regulations consistent with Laws 2020, LB1061, and shall revoke any rules and regulations inconsistent with Laws 2020, LB1061, by July 1, 2021.
(2) The department shall adopt and promulgate rules and regulations regarding (a) the maximum time allowed between receiving a report of child abuse or neglect and an assigned caseworker making contact with the affected family, (b) the maximum amount of time between receipt of a report and the completion of an assessment or investigation, (c) the transfer of cases from alternative response to traditional response, (d) the criteria and process to be used by the Review, Evaluate, and Decide Team, and (e) the process used to accept and categorize reports, including the operation of the hotline established under section 28-711.
(3) The department shall adopt and promulgate rules and regulations describing the process for non-court-involved cases, the right of any child, parent, kin caregiver, or relative caregiver to an administrative appeal of any department action or inaction in a non-court-involved case, and the process for finding that a child is seriously endangered.
Source
Laws 2020, LB1061, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-714 - Privileged communications; not grounds for excluding evidence.

28-714.
Privileged communications; not grounds for excluding evidence.
The privileged communication between patient and physician, between client and professional counselor, and between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect required by section 28-711.
Source
Laws 1977, LB 38, § 153;
Laws 1993, LB 130, § 4;
Laws 1994, LB 1035, § 4;
Laws 2005, LB 116, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-715 - Tracking system; department; duties; use authorized.

28-715.
Tracking system; department; duties; use authorized.
The department shall retain all information from all reports of suspected child abuse or neglect required by section 28-711 and all records generated as a result of such reports in a tracking system of child protection cases. The tracking system shall be used for statistical purposes as well as a reference for future investigations if subsequent reports of child abuse or neglect are made involving the same victim or subject of a report of child abuse or neglect.
Source
Laws 1977, LB 38, § 154;
Laws 1979, LB 505, § 5;
Laws 1988, LB 463, § 46;
Laws 2005, LB 116, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-716 - Person participating in an investigation or the making of a report or providing information or assistance; immune from liability; civil or criminal.

28-716.
Person participating in an investigation or the making of a report or providing information or assistance; immune from liability; civil or criminal.
Any person participating in an investigation or the making of a report of child abuse or neglect required by section 28-711 pursuant to or participating in a judicial proceeding resulting therefrom or providing information or assistance, including a medical evaluation or consultation in connection with an investigation, a report, or a judicial proceeding pursuant to a report of child abuse or neglect, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for maliciously false statements.
Source
Laws 1977, LB 38, § 155;
Laws 1994, LB 1035, § 5;
Laws 2005, LB 116, § 7;
Laws 2020, LB1148, § 3.
Annotations
The immunity from liability under state law provided by this section does not apply to a claim advanced under federal law, even if that claim is litigated in a Nebraska court. Shearer v. Leuenberger, 256 Neb. 566, 591 N.W.2d 762 (1999).
The immunity provision set forth in this section which relates to mandatory reporting of suspected child abuse or neglect does not prohibit the juvenile court from acquiring jurisdiction of juveniles determined to be within the meaning of section 43-247(3)(a), even when such reporting is made by the parent of the subject juvenile(s). In re Interest of B.B. et al., 29 Neb. App. 1, 951 N.W.2d 526 (2020).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-717 - Violation; penalty.

28-717.
Violation; penalty.
Any person who willfully fails to make any report of child abuse or neglect required by section 28-711 shall be guilty of a Class III misdemeanor.
Source
Laws 1977, LB 38, § 156;
Laws 1994, LB 1035, § 6;
Laws 2005, LB 116, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-718 - Child protection cases; central registry; name-change order; treatment; fee; waiver.

28-718.
Child protection cases; central registry; name-change order; treatment; fee; waiver.
(1) There shall be a central registry of child protection cases maintained in the department containing records of all reports of child abuse or neglect opened for investigation as provided in section 28-713 and classified as either court substantiated or agency substantiated as provided in section 28-720.
(2) The department shall determine whether a name-change order received from the clerk of a district court pursuant to section 25-21,271 is for a person on the central registry of child protection cases and, if so, shall include the changed name with the former name in the registry and file or cross-reference the information under both names.
(3) The department may charge a reasonable fee in an amount established by the department in rules and regulations to recover expenses in carrying out central registry records checks. The fee shall not exceed three dollars for each request to check the records of the central registry. The department shall remit the fees to the State Treasurer for credit to the Health and Human Services Cash Fund. The department may waive the fee if the requesting party shows the fee would be an undue financial hardship. The department shall use the fees to defray costs incurred to carry out such records checks. The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 1979, LB 505, § 6;
Laws 2005, LB 116, § 9;
Laws 2009, LB122, § 1;
Laws 2010, LB147, § 3;
Laws 2014, LB853, § 7;
Laws 2017, LB225, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-719 - Child abuse and neglect records; access; when.

28-719.
Child abuse and neglect records; access; when.
Upon complying with identification requirements established by regulation of the department, or when ordered by a court of competent jurisdiction, any person legally authorized by section 28-722, 28-726, or 28-727 to have access to records relating to child abuse and neglect may request and shall be immediately provided the information requested in accordance with the requirements of the Child Protection and Family Safety Act. Except for such information provided to department personnel and county attorneys, such information shall not include the name and address of the person making the report of child abuse or neglect. The names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the central registry of child protection cases maintained pursuant to section 28-718 shall be entered in the central registry record.
Source
Laws 1979, LB 505, § 7;
Laws 2005, LB 116, § 10;
Laws 2014, LB853, § 8;
Laws 2020, LB1148, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-720 - Cases; central registry; classification; expungement; department; report.

28-720.
Cases; central registry; classification; expungement; department; report.
(1) All cases entered into the central registry of child protection cases maintained pursuant to section 28-718 shall be classified as one of the following:
(a) Court substantiated, if a court of competent jurisdiction has entered a judgment of guilty against the subject of the report of child abuse or neglect upon a criminal complaint, indictment, or information or there has been an adjudication of jurisdiction of a juvenile court over the child under subdivision (3)(a) of section 43-247 which relates or pertains to the report of child abuse or neglect;
(b) Court pending, if a criminal complaint, indictment, or information or a juvenile petition under subdivision (3)(a) of section 43-247, which relates or pertains to the subject of the report of abuse or neglect, has been filed and is pending in a court of competent jurisdiction; or
(c) Agency substantiated, if the department's determination of child abuse or neglect against the subject of the report of child abuse or neglect was supported by a preponderance of the evidence and based upon an investigation pursuant to section 28-712.01 or 28-713.
(2) If a case described in subdivision (1)(b) of this section is dismissed by the court or a juvenile petition under subdivision (3)(a) of section 43-247 is redesignated to indicate there is no fault on the part of the parent, guardian, or custodian, the case shall be immediately expunged from the central registry of child protection cases.
(3)(a) If the subject of the report of child abuse or neglect is a minor child who is younger than twelve years of age, the case shall not be entered into the central registry of child protection cases.
(b) If a juvenile petition is filed under subdivision (3)(a) of section 43-247 indicating that the juvenile is without proper support through no fault of his or her parent, guardian, or custodian, the case shall not be entered into the central registry of child protection cases.
(4) If the subject of the report of child abuse or neglect is a minor child who is twelve years of age or older but younger than nineteen years of age, the case shall not be classified as court pending in the central registry of child protection cases.
(5) The department shall report annually, on or before September 15, to the Governor and electronically to the chairpersons of the Health and Human Services Committee of the Legislature and the Judiciary Committee of the Legislature the number of cases entered into the central registry of child protection cases in which the subject is a minor child, the ages of such subjects who are children, and the number of such cases classified as court substantiated or agency substantiated.
Source
Laws 1979, LB 505, § 8;
Laws 2005, LB 116, § 11;
Laws 2009, LB122, § 2;
Laws 2014, LB853, § 9;
Laws 2015, LB292, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-720.01 - Unfounded reports; how treated.

28-720.01.
Unfounded reports; how treated.
All reports of child abuse or neglect which are not under subdivision (1)(a), (b), or (c) of section 28-720 shall be considered unfounded and shall be maintained only in the tracking system of child protection cases pursuant to section 28-715 and not in the central registry of child protection cases maintained pursuant to section 28-718.
Source
Laws 2005, LB 116, § 12;
Laws 2014, LB853, § 10;
Laws 2015, LB292, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-721 - Central registry; record; amend, expunge, or remove; mandatory expungement hearing; waiver; department; duties.

28-721.
Central registry; record; amend, expunge, or remove; mandatory expungement hearing; waiver; department; duties.
(1) At any time, the department may amend, expunge, or remove from the central registry of child protection cases maintained pursuant to section 28-718 any record upon good cause shown and upon notice to the subject of the report of child abuse or neglect.
(2)(a) If the subject of the report of child abuse or neglect is a minor child who is twelve years of age or older but younger than nineteen years of age, the subject is entered into the central registry of child protection cases maintained under section 28-718, and the case involving that minor child is classified as court substantiated or agency substantiated as provided in section 28-720, the department shall conduct a mandatory expungement hearing within sixty days after the subject receives the notification required under section 28-713.01 unless the subject and the subject's attorney of record, parent, guardian, or guardian ad litem sign and return a waiver form as provided under section 28-713.01 within thirty days after receipt. The department shall not, as guardian, sign a waiver form for any subject in its custody. If such subject remains on the central registry of child protection cases, the department shall conduct a second mandatory expungement hearing within sixty days after the subject's nineteenth birthday unless the subject signs and returns a waiver form as provided under section 28-713.01 within thirty days after receipt.
(b) The department may conduct the mandatory expungement hearing by any means, including by telephone.
(c) If a mandatory expungement hearing is held regarding the subject of a report of child abuse or neglect who is a minor child and the subject is entered into the central registry of child protection cases maintained under section 28-718, the subject may make a subsequent request under subsection (1) of this section or section 28-723.
Source
Laws 1979, LB 505, § 9;
Laws 2005, LB 116, § 13;
Laws 2007, LB296, § 38;
Laws 2014, LB853, § 11;
Laws 2015, LB292, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-722 - Central registry; subject of report; access to information.

28-722.
Central registry; subject of report; access to information.
Upon request, a subject of the report of child abuse or neglect or, if such subject is a minor or otherwise legally incompetent, the guardian or guardian ad litem of the subject, shall be entitled to receive a copy of all information contained in the central registry of child protection cases maintained pursuant to section 28-718 pertaining to his or her case. The department shall not release data that would be harmful or detrimental or that would identify or locate a person who, in good faith, made a report of child abuse or neglect or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.
Source
Laws 1979, LB 505, § 10;
Laws 2005, LB 116, § 14;
Laws 2014, LB853, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-723 - Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal.

28-723.
Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal.
At any time subsequent to the completion of the department's investigation, the subject of the report of child abuse or neglect may request the department to amend, expunge identifying information from, or remove the record of the report from the central registry of child protection cases maintained pursuant to section 28-718. If the department refuses to do so or does not act within thirty days, the subject of the report of child abuse or neglect shall have the right to a fair hearing within the department to determine whether the record of the report of child abuse or neglect should be amended, expunged, or removed on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with the Child Protection and Family Safety Act. Such fair hearing shall be held within a reasonable time after the subject's request and at a reasonable place and hour. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the department. A juvenile court finding of child abuse or child neglect shall be presumptive evidence that the report was not unfounded. The hearing shall be conducted by the chief executive officer of the department or his or her designated agent, who is hereby authorized and empowered to order the amendment, expunction, or removal of the record to make it accurate or consistent with the requirements of the act. The decision shall be made in writing, at the close of the hearing or within thirty days thereof, and shall state the reasons upon which it is based. Decisions of the department may be appealed under the Administrative Procedure Act.
Source
Laws 1979, LB 505, § 11;
Laws 1982, LB 522, § 6;
Laws 2005, LB 116, § 15;
Laws 2014, LB853, § 13.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
The Department of Health and Human Services Regulation and Licensure must prove the accuracy and consistency of a central registry report of child abuse or neglect by a preponderance of the evidence in a hearing to expunge, amend, or remove a report under this section. Benitez v. Rasmussen, 261 Neb. 806, 626 N.W.2d 209 (2001).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-724 - Record; amendment, expunction, or removal; notice.

28-724.
Record; amendment, expunction, or removal; notice.
Written notice of any amendment, expunction, or removal of any record in the central registry of child protection cases maintained pursuant to section 28-718 shall be served upon the subject of the report of child abuse or neglect. The department shall inform any other individuals or agencies which received such record of any amendment, expunction, or removal of such record.
Source
Laws 1979, LB 505, § 12;
Laws 1982, LB 522, § 7;
Laws 2005, LB 116, § 16;
Laws 2014, LB853, § 14.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-725 - Information, report; confidential; violation; penalty.

28-725.
Information, report; confidential; violation; penalty.
All information of the department concerning reports of child abuse or neglect of noninstitutional children, including information in the tracking system of child protection cases maintained pursuant to section 28-715 or records in the central registry of child protection cases maintained pursuant to section 28-718, and all information of the department generated as a result of such reports or records, shall be confidential and shall not be disclosed except as specifically authorized by the Child Protection and Family Safety Act and section 81-3126 or other applicable law. The subject of the report of child abuse or neglect may authorize any individual or organization to receive the following information from the central registry of child protection cases maintained pursuant to section 28-718 which relates or pertains to him or her: (1) The date of the alleged child abuse or neglect; and (2) the classification of the case pursuant to section 28-720. Permitting, assisting, or encouraging the unauthorized release of any information contained in such reports or records shall be a Class V misdemeanor.
Source
Laws 1979, LB 505, § 13;
Laws 1982, LB 522, § 8;
Laws 2002, LB 642, § 7;
Laws 2005, LB 116, § 17;
Laws 2008, LB782, § 2;
Laws 2014, LB853, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-727 - Report; person making; receive summary of findings and actions; when.

28-727.
Report; person making; receive summary of findings and actions; when.
Upon request, a physician or the person in charge of an institution, school, facility, or agency making a legally mandated report of child abuse or neglect pursuant to section 28-711 shall receive a summary of the findings of and actions taken by the department in response to his or her report. The amount of detail such summary contains shall depend on the source of the report of child abuse or neglect and shall be established by regulations of the department.
Source
Laws 1979, LB 505, § 15;
Laws 1982, LB 522, § 10;
Laws 2005, LB 116, § 19.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-731 - Teams; exempt from Open Meetings Act.

28-731.
Teams; exempt from Open Meetings Act.
The teams established by sections 28-728 to 28-730 shall not be considered a public body for purposes of the Open Meetings Act.
Source
Laws 1992, LB 1184, § 4;
Laws 2004, LB 821, § 10.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-801.01 - Solicitation of prostitution; penalty; affirmative defense.

28-801.01.
Solicitation of prostitution; penalty; affirmative defense.
(1) Any person who solicits another person not his or her spouse to perform any act of sexual contact or sexual penetration, as those terms are defined in section 28-318, in exchange for money or other thing of value, commits solicitation of prostitution.
(2) Any person convicted of violating subsection (1) of this section shall be punished as follows:
(a) If such person has had no prior convictions, such person shall be guilty of a Class I misdemeanor and pay a fine of not less than two hundred fifty dollars, unless the person solicited is under the age of eighteen years, in which case such person violating this section shall be guilty of a Class IV felony. If the court places such person on probation, such order of probation shall include in its conditions (i) the payment of a fine of not less than two hundred fifty dollars, (ii) that such person shall satisfactorily attend and complete an appropriate mental health and substance abuse assessment conducted by a licensed mental health professional or substance abuse professional authorized to complete such assessment, and (iii) that such person shall satisfactorily attend and complete, at his or her own expense, an educational program designed to educate participants on the effect of prostitution on the participants' health, on the person solicited, and on the community; and
(b) If such person has had one or more prior convictions, such person shall be guilty of a Class IV felony and pay a fine of not less than five hundred dollars. If the court places such person on probation, such order of probation shall include in its conditions (i) the payment of a fine of not less than five hundred dollars, (ii) that such person shall satisfactorily attend and complete an appropriate mental health and substance abuse assessment conducted by a licensed mental health professional or substance abuse professional authorized to complete such assessment, and (iii) that such person shall satisfactorily attend and complete, at his or her own expense, an educational program designed to educate participants on the effect of prostitution on the participants' health, on the person solicited, and on the community.
(3) It is an affirmative defense to prosecution under this section that such person was a trafficking victim as defined in section 28-830.
Source
Laws 2006, LB 1086, § 8;
Laws 2013, LB255, § 3;
Laws 2015, LB294, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-802 - Pandering; penalty.

28-802.
Pandering; penalty.
(1) A person commits pandering if such person:
(a) Entices another person to become a prostitute;
(b) Procures or harbors therein an inmate for a house of prostitution or for any place where prostitution is practiced or allowed;
(c) Inveigles, entices, persuades, encourages, or procures any person to come into or leave this state for the purpose of prostitution or debauchery; or
(d) Receives or gives or agrees to receive or give any money or other thing of value for procuring or attempting to procure any person to become a prostitute or commit an act of prostitution or come into this state or leave this state for the purpose of prostitution or debauchery.
(2) Pandering is a Class II felony.
Source
Laws 1977, LB 38, § 158;
Laws 2012, LB1145, § 1;
Laws 2013, LB255, § 4;
Laws 2015, LB294, § 10;
Laws 2017, LB289, § 7.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
This section does not violate the constitutional guarantee of equal protection, nor does it violate the constitutional prohibition against cruel and unusual punishment. State v. Ruzicka, 218 Neb. 594, 357 N.W.2d 457 (1984).
Debauching a minor is not a lesser-included offense of pandering. Mingus v. Fairbanks, 211 Neb. 81, 317 N.W.2d 770 (1982).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-803 - Pandering; evidence.

28-803.
Pandering; evidence.
(1) Any person referred to in section 28-802 shall be a competent witness in any prosecution thereunder to testify to any and all matters, including conversation with the accused, or by the accused with third persons, in his presence, notwithstanding having married the accused either before or after the violation of any of the provisions of such section; and the act and state of marriage shall not be a defense to any violation of such section.
(2) Pandering shall be an exception to the husband-wife privilege as provided in section 27-505.
Source
Laws 1977, LB 38, § 159;
Laws 1978, LB 748, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-804 - Keeping a place of prostitution; penalty.

28-804.
Keeping a place of prostitution; penalty.
(1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who knowingly grants or permits the use of such place for the purpose of prostitution commits the offense of keeping a place of prostitution.
(2) Keeping a place of prostitution is a Class IV felony, unless any person using such place for the practice of prostitution is under the age of eighteen years, in which case any person convicted of keeping a place of prostitution shall be guilty of a Class III felony.
Source
Laws 1977, LB 38, § 160;
Laws 2013, LB255, § 5;
Laws 2015, LB294, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-804.01 - Prostitution cases; incriminating testimony; how treated.

28-804.01.
Prostitution cases; incriminating testimony; how treated.
In all cases arising under sections 28-801 to 28-804, no person shall be excused from testifying against another person by reason of such testimony tending to incriminate the person testifying, but the testimony so given, unless voluntary, shall in no case be used against the person so testifying in any criminal prosecution or otherwise.
Source
Laws 1978, LB 618, § 1;
Laws 2006, LB 1086, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-805 - Debauching a minor; penalty.

28-805.
Debauching a minor; penalty.
(1) Any person not a minor commits the offense of debauching a minor if he or she shall debauch or deprave the morals of any boy or girl under the age of seventeen years by:
(a) Lewdly inducing such boy or girl carnally to know any other person; or
(b) Soliciting any such boy or girl to visit a house of prostitution or other place where prostitution, debauchery, or other immoral practices are permitted or encouraged, for the purpose of prostitution or sexual penetration; or
(c) Arranging or assisting in arranging any meeting for such purpose between any such boy or girl and any female or male of dissolute character or any inmate of any place where prostitution, debauchery, or other immoral practices are permitted or encouraged; or
(d) Arranging or aiding or assisting in arranging any meeting between any such boy or girl and any other person for the purpose of sexual penetration.
(2) Debauching a minor is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 161;
Laws 1979, LB 378, § 12.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Debauching a minor is not a lesser-included offense of pandering. Mingus v. Fairbanks, 211 Neb. 81, 317 N.W.2d 770 (1982).
The words "any other person" are construed to mean any person other than the victim. State v. Parmer, 210 Neb. 92, 313 N.W.2d 237 (1981).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-806 - Public indecency; penalty.

28-806.
Public indecency; penalty.
(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:
(a) An act of sexual penetration; or
(b) An exposure of the genitals of the body done with intent to affront or alarm any person; or
(c) A lewd fondling or caressing of the body of another person of the same or opposite sex.
(2) Public indecency is a Class II misdemeanor.
(3) It shall not be a violation of this section for an individual to breast-feed a child in a public place.
Source
Laws 1977, LB 38, § 162;
Laws 2019, LB209, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-808 - Obscene literature and material; sale to minor, unlawful; penalty.

28-808.
Obscene literature and material; sale to minor, unlawful; penalty.
(1) It shall be unlawful for a person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly to possess with intent to sell, deliver, distribute, display for sale, or provide to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body or any replica, article, or device having the appearance of either male or female genitals which predominantly pruriently, shamefully, or morbidly depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and which, taken as a whole, is harmful to minors; or
(b) Any book, pamphlet, magazine, printed matter however produced, or sound recording which contains any matter enumerated in subdivision (1)(a) of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse of a predominantly prurient, shameful, or morbid nature and which, taken as a whole, is harmful to minors.
(2) Any person who violates this section shall be guilty of a Class I misdemeanor.
Source
Laws 1977, LB 38, § 164;
Laws 1988, LB 117, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-809 - Obscene motion picture, show, or presentation; admit minor; unlawful; penalty.

28-809.
Obscene motion picture, show, or presentation; admit minor; unlawful; penalty.
(1) It shall be unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, predominantly pruriently, shamefully, or morbidly depicts nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
(2) Any person who violates this section shall be guilty of a Class I misdemeanor.
Source
Laws 1977, LB 38, § 165;
Laws 1988, LB 117, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-810 - Prosecution; defense.

28-810.
Prosecution; defense.
It shall be a defense to a prosecution under sections 28-808 and 28-809 that:
(1) Such person had reasonable cause to believe that the minor involved was eighteen years of age or more, and that such reasonable cause is based on but not limited to the presentation by the minor exhibited to such person of a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that such minor was eighteen years of age or more;
(2) The minor was accompanied by his parent or guardian and such person had reasonable cause to believe that the person accompanying the minor was the parent or guardian of that minor;
(3) Such person had reasonable cause to believe that the person was the parent or guardian of the minor; and
(4) Such person's activity falls within the defenses to a prosecution contained in section 28-815.
Source
Laws 1977, LB 38, § 166.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-811 - False representation; unlawful employment of minor; exceptions; penalty.

28-811.
False representation; unlawful employment of minor; exceptions; penalty.
(1) It shall be unlawful for any minor to falsely represent to any person mentioned in section 28-808 or 28-809, or to his or her agent, that such minor is eighteen years of age or older with the intent to procure any materials set forth in section 28-808 or with the intent to procure such minor's admission to any motion picture, show, or other presentation as set forth in section 28-809.
(2) It shall be unlawful for any person to knowingly make a false representation to any person mentioned in section 28-808 or 28-809, or to his or her agent, that he or she is the parent or guardian of any minor or that any minor is eighteen years of age with the intent to procure any material set forth in section 28-808 or with the intent to procure such minor's admission to any motion picture, show, or other presentation as set forth in section 28-809.
(3) It shall be unlawful for any person to hire as an employee a minor whose duties it will be to assist in any manner the sale, delivery, distribution, or exhibition of material declared obscene by sections 28-807 to 28-829, except that this section shall not apply if such minor's parents or legal guardian should consent to such employment by giving the employer a written affidavit prior to the minor's employment.
(4) Any person who violates this section shall be guilty of a Class II misdemeanor.
Source
Laws 1977, LB 38, § 167;
Laws 1988, LB 117, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-813 - Obscene literature or material; prepares; distributes; promotes; penalty.

28-813.
Obscene literature or material; prepares; distributes; promotes; penalty.
(1) It shall be unlawful for a person knowingly to (a) print, copy, manufacture, prepare, produce, or reproduce obscene material for the purpose of sale or distribution, (b) publish, circulate, sell, rent, lend, transport in interstate commerce, distribute, or exhibit any obscene material, (c) have in his or her possession with intent to sell, rent, lend, transport, or distribute any obscene material, or (d) promote any obscene material or performance.
(2) It shall be unlawful for a person to place an order for any advertising promoting the sale or distribution of material represented or held out to be obscene, whether or not such material exists in fact or is obscene. In all cases in which a charge for a violation of this section is brought against a person who cannot be found in this state, the executive authority of this state may demand extradition of such person from the executive authority of the state in which such person may be found.
(3) A person commits an offense of promoting obscene material if knowing its content and character he or she (a) disseminates for monetary consideration any obscene material, (b) produces, presents, or directs obscene performances for monetary consideration, or (c) participates for monetary consideration in that part of a performance which makes it obscene.
(4) Any person who violates this section shall be guilty of a Class I misdemeanor.
Source
Laws 1977, LB 38, § 169;
Laws 1988, LB 117, § 5;
Laws 2006, LB 1113, § 27.
Annotations
Films which have little plot and which consist of scene after scene of sexual intercourse, lesbianism, homosexuality, cunnilingus, and fellatio are obscene as the term is defined. State v. Embassy Corp., 215 Neb. 631, 340 N.W.2d 160 (1983).
Subsection (1) of this statute is not unconstitutionally vague. State v. Embassy Corp., 215 Neb. 631, 340 N.W.2d 160 (1983).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-813.02 - Commercial film and photographic print processor; immune from liability; when.

28-813.02.
Commercial film and photographic print processor; immune from liability; when.
Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, and who participates in an investigation or the making of any report pertaining to any film, photograph, videotape, negative, or slide depicting a child under the age of eighteen years engaged in an act of sexually explicit conduct, as defined in section 28-1463.02, or participates in a judicial proceeding resulting from such participation shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for maliciously false statements.
Source
Laws 1988, LB 117, § 7.