reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347.01 - Dismemberment abortion; injunction; cause of action; who may maintain.

28-347.01.
Dismemberment abortion; injunction; cause of action; who may maintain.
(1) A cause of action for injunctive relief against a person who has performed a dismemberment abortion in violation of section 28-347 may be maintained by:
(a) A woman upon whom such a dismemberment abortion was performed;
(b) If the woman had not attained the age of nineteen years at the time of the dismemberment abortion, a person who is the parent or guardian of the woman upon whom such a dismemberment abortion was performed; or
(c) A prosecuting attorney with appropriate jurisdiction.
(2) The injunction shall prevent the defendant from performing or attempting to perform dismemberment abortions in this state in violation of section 28-347.
(3) A cause of action may not be maintained by a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
Source
Laws 2020, LB814, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347.02 - Dismemberment abortion; damages; cause of action; who may maintain.

28-347.02.
Dismemberment abortion; damages; cause of action; who may maintain.
(1) A cause of action for civil damages against a person who performed a dismemberment abortion in violation of section 28-347 may be maintained by:
(a) Any woman upon whom a dismemberment abortion has been performed in violation of section 28-347;
(b) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(c) If the woman had not attained the age of nineteen years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(2) No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(3) Damages awarded in such an action shall include money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.
Source
Laws 2020, LB814, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347.03 - Dismemberment abortion; cause of action; judgment; attorney's fees.

28-347.03.
Dismemberment abortion; cause of action; judgment; attorney's fees.
(1) If judgment is rendered in favor of the plaintiff in an action described in section 28-347.01 or 28-347.02, the court shall also render judgment for reasonable attorney's fees in favor of the plaintiff against the defendant.
(2) If judgment is rendered in favor of the defendant in an action described in section 28-347.01 or 28-347.02 and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.
(3) No attorney's fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection (2) of this section.
Source
Laws 2020, LB814, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347.04 - Dismemberment abortion; penalty.

28-347.04.
Dismemberment abortion; penalty.
The intentional and knowing performance of an unlawful dismemberment abortion in violation of section 28-347 is a Class IV felony.
Source
Laws 2020, LB814, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347.05 - Dismemberment abortion; action or proceeding; anonymity of woman; preserved; court order.

28-347.05.
Dismemberment abortion; action or proceeding; anonymity of woman; preserved; court order.
In every civil, criminal, or administrative proceeding or action brought under sections 28-347 to 28-347.04, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted to be performed, any person other than a public official who brings an action under section 28-347.01 or 28-347.02 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Source
Laws 2020, LB814, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347.06 - Dismemberment abortion; sections, how construed.

28-347.06.
Dismemberment abortion; sections, how construed.
Nothing in sections 28-347 to 28-347.04 shall be construed as creating or recognizing a right to abortion or a right to a particular method of abortion.
Source
Laws 2020, LB814, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-348 - Act, how cited.

28-348.
Act, how cited.
Sections 28-348 to 28-387 shall be known and may be cited as the Adult Protective Services Act.
Source
Laws 1988, LB 463, § 1;
Laws 2012, LB1051, § 1;
Laws 2016, LB934, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-349 - Legislative intent.

28-349.
Legislative intent.
The Legislature recognizes the need for the investigation and provision of services to certain persons who are substantially impaired and are unable to protect themselves from abuse, neglect, or exploitation. Often such persons cannot find others able or willing to render assistance. The Legislature intends through the Adult Protective Services Act to establish a program designed to fill this need and to assure the availability of the program to all eligible persons. It is also the intent of the Legislature to authorize the least restriction possible on the exercise of personal and civil rights consistent with the person's need for services.
Source
Laws 1988, LB 463, § 2;
Laws 2012, LB1051, § 2.
Annotations
A public policy exception to the employment-at-will doctrine applies to allow a cause of action for retaliatory discharge when an employee is fired for making a report of abuse as mandated by the Adult Protective Services Act. Wendeln v. Beatrice Manor, 271 Neb. 373, 712 N.W.2d 226 (2006).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-350 - Definitions, where found.

28-350.
Definitions, where found.
For purposes of the Adult Protective Services Act, unless the context otherwise requires, the definitions found in sections 28-351 to 28-371 shall be used.
Source
Laws 1988, LB 463, § 3;
Laws 2012, LB1051, § 3;
Laws 2016, LB934, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-351 - Abuse, defined.

28-351.
Abuse, defined.
Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.
Source
Laws 1988, LB 463, § 4;
Laws 2012, LB1051, § 4.
Annotations
Under the "evidence of abuse . . . or child abuse or neglect" provision of section 71-6903(3), the pregnant woman must establish that a parent or guardian, who occupies that role in relation to her at the time she files her petition for waiver of parental consent, has either abused her as defined in this section or subjected her to child abuse or neglect as defined in section 28-710. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).
Defendant's conviction of sexual abuse of a vulnerable adult reversed because evidence was insufficient to establish element of sexual contact. State v. Hulshizer, 245 Neb. 244, 512 N.W.2d 372 (1994).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-352 - Adult protective services, defined.

28-352.
Adult protective services, defined.
Adult protective services means those services provided by the department for the prevention, correction, or discontinuance of abuse, neglect, or exploitation. Such services shall be those necessary and appropriate under the circumstances to protect an abused, neglected, or exploited vulnerable adult, ensure that the least restrictive alternative is provided, prevent further abuse, neglect, or exploitation, and promote self-care and independent living. Such services shall include, but not be limited to: (1) Receiving and investigating reports of alleged abuse, neglect, or exploitation; (2) developing social service plans; (3) arranging for the provision of services such as medical care, mental health care, legal services, fiscal management, housing, or home health care; (4) arranging for the provision of items such as food, clothing, or shelter; and (5) arranging or coordinating services for caregivers.
Source
Laws 1988, LB 463, § 5;
Laws 2012, LB1051, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-353 - Caregiver, defined.

28-353.
Caregiver, defined.
Caregiver shall mean any person or entity which has assumed the responsibility for the care of a vulnerable adult voluntarily, by express or implied contract, or by order of a court of competent jurisdiction.
Source
Laws 1988, LB 463, § 6.
Annotations
This section does not limit family caregiver status to an order of court or express or implied contract. This section also includes reference to any person who has assumed responsibility for the care of a vulnerable adult voluntarily. State v. Boyd, 28 Neb. App. 874, 949 N.W.2d 540 (2020).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-356 - Department, defined.

28-356.
Department, defined.
Department shall mean the Department of Health and Human Services.
Source
Laws 1988, LB 463, § 9;
Laws 1996, LB 1044, § 65;
Laws 2006, LB 994, § 51;
Laws 2007, LB296, § 31.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-357 - Essential services, defined.

28-357.
Essential services, defined.
Essential services shall mean those services necessary to safeguard the person or property of a vulnerable adult. Such services shall include, but not be limited to, sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for physical needs, and proper supervision.
Source
Laws 1988, LB 463, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-358 - Exploitation, defined.

28-358.
Exploitation, defined.
Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.
Source
Laws 1988, LB 463, § 11;
Laws 2012, LB1051, § 6;
Laws 2016, LB934, § 4.
Annotations
The statutory definition of exploitation does not require proof of a financial crime. State v. Vanderford, 312 Neb. 580, 980 N.W.2d 397 (2022).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-358.01 - Isolation, defined.

28-358.01.
Isolation, defined.
(1) Isolation means intentional acts (a) committed for the purpose of preventing, and which do prevent, a vulnerable adult or senior adult from having contact with family, friends, or concerned persons, (b) committed to prevent a vulnerable adult or senior adult from receiving his or her mail or telephone calls, (c) of physical or chemical restraint of a vulnerable adult or senior adult committed for purposes of preventing contact with visitors, family, friends, or other concerned persons, or (d) which restrict, place, or confine a vulnerable adult or senior adult in a restricted area for purposes of social deprivation or preventing contact with family, friends, visitors, or other concerned persons.
(2) Isolation does not include (a) medical isolation prescribed by a licensed physician caring for the vulnerable adult or senior adult, (b) action taken in compliance with a harassment protection order issued pursuant to section 28-311.09, a valid foreign harassment protection order recognized pursuant to section 28-311.10, a sexual assault protection order issued pursuant to section 28-311.11, a valid foreign sexual assault protection order recognized pursuant to section 28-311.12, an order issued pursuant to section 42-924, an ex parte order issued pursuant to section 42-925, an order excluding a person from certain premises issued pursuant to section 42-357, or a valid foreign protection order recognized pursuant to section 42-931, or (c) action authorized by an administrator of a nursing home pursuant to section 71-6021.
Source
Laws 2016, LB934, § 5;
Laws 2017, LB289, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-360 - Least restrictive alternative, defined.

28-360.
Least restrictive alternative, defined.
Least restrictive alternative shall mean adult protective services provided in a manner no more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to achieve and ensure essential services.
Source
Laws 1988, LB 463, § 13.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-361.01 - Neglect, defined.

28-361.01.
Neglect, defined.
Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.
Source
Laws 1988, LB 463, § 8;
R.S.1943, (2008), § 28-355;
Laws 2012, LB1051, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-362 - Permit, defined.

28-362.
Permit, defined.
Permit shall mean to allow a vulnerable adult over whom one has a proximate or direct degree of control to perform an act or acts or be in a situation which the controlling person could have prevented by the reasonable exercise of such control.
Source
Laws 1988, LB 463, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-363 - Physical injury, defined.

28-363.
Physical injury, defined.
Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function.
Source
Laws 1988, LB 463, § 16.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-367 - Sexual abuse, defined.

28-367.
Sexual abuse, defined.
Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.
Source
Laws 1988, LB 463, § 20.
Annotations
Defendant's conviction of sexual abuse of a vulnerable adult reversed because evidence was insufficient to establish element of sexual contact. State v. Hulshizer, 245 Neb. 244, 512 N.W.2d 372 (1994).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-367.01 - Sexual exploitation, defined.

28-367.01.
Sexual exploitation, defined.
Sexual exploitation includes, but is not limited to, a violation of section 28-311.08 and causing, allowing, permitting, inflicting, or encouraging a vulnerable adult to engage in voyeurism, in exhibitionism, in prostitution, or in the lewd, obscene, or pornographic photographing, filming, or depiction of the vulnerable adult.
Source
Laws 2012, LB1051, § 8;
Laws 2014, LB998, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-368 - Substantial functional impairment, defined.

28-368.
Substantial functional impairment, defined.
Substantial functional impairment shall mean a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, investigation, or evaluation.
Source
Laws 1988, LB 463, § 21.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-369 - Substantial mental impairment, defined.

28-369.
Substantial mental impairment, defined.
Substantial mental impairment shall mean a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, investigation, or evaluation.
Source
Laws 1988, LB 463, § 22.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-370 - Unreasonable confinement, defined.

28-370.
Unreasonable confinement, defined.
Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.
Source
Laws 1988, LB 463, § 23;
Laws 2012, LB1051, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-371 - Vulnerable adult, defined.

28-371.
Vulnerable adult, defined.
Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.
Source
Laws 1988, LB 463, § 24;
Laws 2016, LB934, § 7.
Cross References
Nebraska Probate Code, see section 30-2201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-373 - Report of abuse, neglect, or exploitation; law enforcement agency; duties.

28-373.
Report of abuse, neglect, or exploitation; law enforcement agency; duties.
(1) Upon the receipt of a report concerning abuse, neglect, or exploitation pursuant to section 28-372, it shall be the duty of the law enforcement agency (a) to make an investigation if deemed warranted because of alleged violations of section 28-386, (b) to take immediate steps, if necessary, to protect the vulnerable adult, and (c) to institute legal proceedings if appropriate. The law enforcement agency shall notify the department if an investigation is undertaken. Such notification shall be made no later than the next working day following receipt of the report.
(2) The law enforcement agency shall make a written report or a case summary to the department of all investigated cases of abuse, neglect, or exploitation and action taken with respect to all such cases.
Source
Laws 1988, LB 463, § 26;
Laws 2012, LB1051, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-374 - Alleged abuse, neglect, or exploitation; department; duties.

28-374.
Alleged abuse, neglect, or exploitation; department; duties.
(1) The department shall investigate each case of alleged abuse, neglect, or exploitation of a vulnerable adult and shall provide such adult protective services as are necessary and appropriate under the circumstances.
(2) In each case of alleged abuse, neglect, or exploitation, the department may make a request for further assistance from the appropriate law enforcement agency or initiate such action as may be appropriate under the circumstances.
(3) The department shall make a written report or case summary to the appropriate law enforcement agency and to the registry of all reported cases of abuse, neglect, or exploitation and action taken.
(4) The department shall deliver a written report or case summary to the appropriate county attorney if the investigation indicates a reasonable cause to believe that a violation of section 28-386 has occurred.
Source
Laws 1988, LB 463, § 27;
Laws 2012, LB1051, § 12;
Laws 2016, LB934, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-374.01 - Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information.

28-374.01.
Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information.
(1) Upon completion of the investigation pursuant to sections 28-373 and 28-374, the person who allegedly abused, neglected, or exploited a vulnerable adult shall be given written notice of the determination of the investigation and whether the person who allegedly abused, neglected, or exploited a vulnerable adult will be entered into the registry.
(2) If the person who allegedly abused, neglected, or exploited a vulnerable adult will be entered into the registry, the notice shall be sent by certified mail with return receipt requested or first-class mail to the last-known address of the person who allegedly abused, neglected, or exploited a vulnerable adult and shall include:
(a) The nature of the report;
(b) The classification of the report; and
(c) The right of the person who allegedly abused, neglected, or exploited a vulnerable adult to request the department to amend or expunge identifying information from the report or to remove the substantiated report from the registry in accordance with section 28-380.
(3) If the person who allegedly abused, neglected, or exploited a vulnerable adult will not be entered into the registry, the notice shall be sent by first-class mail and shall include:
(a) The nature of the report; and
(b) The classification of the report.
Source
Laws 2012, LB1051, § 13.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-375 - Immunity from liability; when.

28-375.
Immunity from liability; when.
Any person participating in an investigation or the making of a report pursuant to the Adult Protective Services Act or participating in a judicial proceeding resulting therefrom shall be immune from any liability except (1) as otherwise provided in the Adult Protective Services Act, (2) for malfeasance in office or willful or wanton neglect of duty, or (3) for false statements of fact made with malicious intent.
Source
Laws 1988, LB 463, § 28.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-376 - Adult Protective Services Central Registry; established; access; name-change order; treatment.

28-376.
Adult Protective Services Central Registry; established; access; name-change order; treatment.
(1) The department shall establish and maintain an Adult Protective Services Central Registry which shall contain any substantiated report regarding a person who has allegedly abused, neglected, or exploited a vulnerable adult.
(2) Upon request, a vulnerable adult who is the subject of a report or, if the vulnerable adult is legally incapacitated, the guardian or guardian ad litem of the vulnerable adult and the person who has allegedly abused, neglected, or exploited the vulnerable adult shall be entitled to receive a copy of all information contained in the registry pertaining to such report. The department shall not release data that would be harmful or detrimental to the vulnerable adult or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.
(3) The department shall establish classifications for all cases in the registry.
(4) 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 Adult Protective Services Central Registry 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.
Source
Laws 1988, LB 463, § 29;
Laws 2010, LB147, § 2;
Laws 2012, LB1051, § 14.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-377 - Records relating to abuse; access.

28-377.
Records relating to abuse; access.
Except as otherwise provided in sections 28-376 to 28-380, no person, official, or agency shall have access to the records relating to abuse unless in furtherance of purposes directly connected with the administration of the Adult Protective Services Act and section 28-726. Persons, officials, and agencies having access to such records shall include, but not be limited to:
(1) A law enforcement agency investigating a report of known or suspected abuse;
(2) A county attorney in preparation of an abuse petition;
(3) A physician who has before him or her a person whom he or she reasonably suspects may be abused;
(4) An agency having the legal responsibility or authorization to care for, treat, or supervise an abused vulnerable adult;
(5) Defense counsel in preparation of the defense of a person charged with abuse;
(6) Any person engaged in bona fide research or auditing, except that no information identifying the subjects of the report shall be made available to the researcher or auditor. The researcher shall be charged for any costs of such research incurred by the department at a rate established by rules and regulations adopted and promulgated by the department;
(7) The designated protection and advocacy system authorized pursuant to the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6000, as the act existed on September 1, 2001, and the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. 10801, as the act existed on September 1, 2001, acting upon a complaint received from or on behalf of a person with developmental disabilities or mental illness; and
(8) The department, as required or authorized by state law, federal law, federal regulation, or applicable federal program provisions and in furtherance of its programs.
Source
Laws 1988, LB 463, § 30;
Laws 1992, LB 643, § 1;
Laws 2001, LB 214, § 1;
Laws 2007, LB296, § 33;
Laws 2020, LB1148, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-378 - Records relating to abuse; release of information; when.

28-378.
Records relating to abuse; release of information; when.
The department or appropriate law enforcement agency shall provide requested information to any person legally authorized by sections 28-376 to 28-380 to have access to records relating to abuse when ordered by a court of competent jurisdiction or upon compliance by such person with identification requirements established by rules and regulations of the department or law enforcement agency. Such information shall not include the name and address of the person making the report, except that the department may use the name and address as required or authorized by state law, federal law, federal regulation, or applicable federal program provisions and in furtherance of its programs and the county attorney's office may request and receive the name and address of the person making the report with such person's written consent. The name and other identifying data of any person requesting or receiving information from the registry and the dates and the circumstances under which requests are made or information is released shall be entered in the registry.
Source
Laws 1988, LB 463, § 31;
Laws 2020, LB1148, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-379 - Report of abuse; summary by department; when provided.

28-379.
Report of abuse; summary by department; when provided.
Upon request, a physician or the person in charge of an institution, facility, or agency making a legally mandated report shall receive a summary of the findings of and actions taken by the department in response to such report. The amount of detail such summary contains and the purposes for which it may be used shall depend on the source of the report and shall be established by rules and regulations adopted and promulgated by the department.
Source
Laws 1988, LB 463, § 32.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-380 - Amendment or expungement of records; inaccurate or inconsistent with act; procedure.

28-380.
Amendment or expungement of records; inaccurate or inconsistent with act; procedure.
At any time subsequent to the completion of the department's investigation, if a vulnerable adult, the guardian of a vulnerable adult, or a person who allegedly abused a vulnerable adult and who is mentioned in a report believes the information in the report is inaccurate or being maintained in a manner inconsistent with the Adult Protective Services Act, such person may request the department to amend or expunge identifying information from the report or remove the record of such report from the registry. If the department refuses to do so or does not act within thirty days, the vulnerable adult or person who allegedly abused a vulnerable adult shall have the right to a hearing to determine whether the record of the report should be amended, expunged, or removed on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with such act. Such hearing shall be held within a reasonable time after a request is made and at a reasonable place and hour. At the hearing the burden of proving the accuracy and consistency of the record shall be on the department. The hearing shall be conducted by the chief executive officer of the department or his or her designated representative, who is hereby authorized and empowered to order the amendment, expunction, or removal of the record to make such record accurate or consistent with the requirements of the Adult Protective Services Act. The decision shall be made in writing within thirty days of the close of the hearing and shall state the reasons upon which it is based. Decisions of the department may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1988, LB 463, § 33;
Laws 1996, LB 1044, § 67;
Laws 2006, LB 994, § 53;
Laws 2007, LB296, § 34.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-381 - Amendment or expungement of records; good cause; notice.

28-381.
Amendment or expungement of records; good cause; notice.
At any time, the department may amend, expunge, or remove from the registry any record upon good cause. Upon request, written notice of any amendment, expunction, or removal of any record made pursuant to the Adult Protective Services Act shall be served upon the vulnerable adult who is the subject of the report or the person who allegedly abused the vulnerable adult. The department shall advise any other individuals or agencies who received a copy of the record pursuant to the Adult Protective Services Act to amend, expunge, or destroy such record. All information identifying the subjects of unsubstantiated reports shall be expunged from the registry.
Source
Laws 1988, LB 463, § 34.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-382 - Law concerning confidentiality; applicability.

28-382.
Law concerning confidentiality; applicability.
(1) No rule of evidence or other provision of law concerning confidential communications shall apply to prevent reports made pursuant to the Adult Protective Services Act unless otherwise specifically mentioned in the act.
(2) Evidence shall not be excluded from any judicial proceeding resulting from a report made pursuant to the Adult Protective Services Act on the ground that it is a confidential communication protected by the privilege granted to husband and wife, patient and physician, or client and professional counselor.
Source
Laws 1988, LB 463, § 35;
Laws 1993, LB 130, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-383 - Treatment by spiritual means alone; not considered abuse.

28-383.
Treatment by spiritual means alone; not considered abuse.
No person shall be considered to be abused for the sole reason that such person relies upon spiritual means alone for treatment in accordance with the tenets and practices of a recognized church or religious denomination in lieu of medical treatment.
Source
Laws 1988, LB 463, § 36.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-385 - Release of confidential information; penalty.

28-385.
Release of confidential information; penalty.
Any person who knowingly releases information required to be kept confidential by the Adult Protective Services Act, except as provided in the act, shall be guilty of a Class III misdemeanor.
Source
Laws 1988, LB 463, § 38.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-386 - Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty.

28-386.
Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty.
(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:
(a) Physically injured;
(b) Unreasonably confined;
(c) Sexually abused;
(d) Exploited;
(e) Cruelly punished;
(f) Neglected; or
(g) Sexually exploited.
(2) Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult is a Class IIIA felony.
Source
Laws 1988, LB 463, § 39;
Laws 1997, LB 364, § 7;
Laws 2012, LB1051, § 15;
Laws 2016, LB934, § 9.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
The initial step when determining whether this section has been violated is to determine whether the victim was a vulnerable adult. State v. Stubbs, 252 Neb. 420, 562 N.W.2d 547 (1997).
The term "neglected" as used in subdivision (1)(f) of this section includes an act or omission. State v. Boyd, 28 Neb. App. 874, 949 N.W.2d 540 (2020).
The initial step when determining if this section has been violated is to determine whether the victim was a vulnerable adult. The State has the burden of proving all essential elements of the crime charged. State v. Janssen, 7 Neb. App. 384, 584 N.W.2d 27 (1998).
In order to convict someone of the crime of exploitation of a vulnerable adult, there must be a nexus between a vulnerable adult's impairment and the exploitation. State v. Stubbs, 5 Neb. App. 38, 555 N.W.2d 55 (1996).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-389 - Terms, defined.

28-389.
Terms, defined.
For purposes of the Homicide of the Unborn Child Act, unless the context otherwise requires:
(1) Premeditation means a design formed to do something before it is done; and
(2) Unborn child means an individual member of the species Homo sapiens, at any stage of development in utero, who was alive at the time of the homicidal act and died as a result thereof whether before, during, or after birth.
Source
Laws 2002, LB 824, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-390 - Applicability of sections.

28-390.
Applicability of sections.
Sections 28-391 to 28-394 do not apply to an act or conduct causing or contributing to the death of an unborn child when the act or conduct is:
(1) Committed or engaged in by the mother of the unborn child;
(2) Any medical procedure performed with the consent of the mother; or
(3) Dispensing a drug or device in accordance with law or administering a drug or device prescribed in accordance with law.
Source
Laws 2002, LB 824, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-391 - Murder of an unborn child in the first degree; penalty.

28-391.
Murder of an unborn child in the first degree; penalty.
(1) A person commits murder of an unborn child in the first degree if he or she in committing an act or engaging in conduct that causes the death of an unborn child, intends, with deliberate and premeditated malice, to kill the unborn child or the mother of the unborn child with knowledge of the pregnancy.
(2) Murder of an unborn child in the first degree is a Class IA felony.
Source
Laws 2002, LB 824, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-392 - Murder of an unborn child in the second degree; penalty.

28-392.
Murder of an unborn child in the second degree; penalty.
(1) A person commits murder of an unborn child in the second degree if he or she, in committing an act or engaging in conduct that causes the death of an unborn child, intends, but without premeditation, to kill the unborn child or another.
(2) Murder of an unborn child in the second degree is a Class IB felony.
Source
Laws 2002, LB 824, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-393 - Manslaughter of an unborn child; penalty.

28-393.
Manslaughter of an unborn child; penalty.
(1) A person commits manslaughter of an unborn child if he or she (a) kills an unborn child without malice upon a sudden quarrel with any person or (b) causes the death of an unborn child unintentionally while in the perpetration of or attempt to perpetrate any criminal assault, any sexual assault, arson, robbery, kidnapping, intentional child abuse, hijacking of any public or private means of transportation, or burglary.
(2) Manslaughter of an unborn child is a Class IIA felony.
Source
Laws 2002, LB 824, § 7;
Laws 2015, LB605, § 23.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-394 - Motor vehicle homicide of an unborn child; penalty.

28-394.
Motor vehicle homicide of an unborn child; penalty.
(1) A person who causes the death of an unborn child unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide of an unborn child.
(2) Except as provided in subsection (3) of this section, motor vehicle homicide of an unborn child is a Class I misdemeanor.
(3)(a) If the proximate cause of the death of an unborn child is the operation of a motor vehicle in violation of section 60-6,213 or 60-6,214, motor vehicle homicide of an unborn child is a Class IIIA felony.
(b) Except as provided in subdivision (3)(c) of this section, if the proximate cause of the death of an unborn child is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor vehicle homicide of an unborn child is a Class IIIA felony and the court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of at least sixty days and not more than fifteen years after the date ordered by the court and shall order that the operator's license of such person be revoked for the same period. The revocation shall not run concurrently with any jail term imposed.
(c) If the proximate cause of the death of an unborn child is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06 and the defendant has a prior conviction for a violation of section 60-6,196 or a city or village ordinance enacted in conformance with section 60-6,196, motor vehicle homicide of an unborn child is a Class IIA felony and the court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of at least sixty days and not more than fifteen years after the date ordered by the court and shall order that the operator's license of such person be revoked for the same period. The revocation shall not run concurrently with any jail term imposed.
(4) The crime punishable under this section shall be treated as a separate and distinct offense from any other offense arising out of acts alleged to have been committed while the person was in violation of this section.
Source
Laws 2002, LB 824, § 8;
Laws 2004, LB 208, § 2;
Laws 2011, LB667, § 4;
Laws 2015, LB605, § 24;
Laws 2016, LB1094, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-396 - Unborn child, defined.

28-396.
Unborn child, defined.
For purposes of the Assault of an Unborn Child Act, unborn child means an individual member of the species Homo sapiens at any stage of development in utero.
Source
Laws 2006, LB 57, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-397 - Assault of an unborn child in the first degree; penalty.

28-397.
Assault of an unborn child in the first degree; penalty.
(1) A person commits the offense of assault of an unborn child in the first degree if he or she, during the commission of any criminal assault on a pregnant woman, intentionally or knowingly causes serious bodily injury to her unborn child.
(2) Assault of an unborn child in the first degree is a Class IIA felony.
Source
Laws 2006, LB 57, § 4;
Laws 2015, LB605, § 25.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-398 - Assault of an unborn child in the second degree; penalty.

28-398.
Assault of an unborn child in the second degree; penalty.
(1) A person commits the offense of assault of an unborn child in the second degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child with a dangerous instrument.
(2) Assault of an unborn child in the second degree is a Class IIIA felony.
Source
Laws 2006, LB 57, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-399 - Assault of an unborn child in the third degree; penalty.

28-399.
Assault of an unborn child in the third degree; penalty.
(1) A person commits the offense of assault of an unborn child in the third degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child.
(2) Assault of an unborn child in the third degree is a Class I misdemeanor.
Source
Laws 2006, LB 57, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,100 - Applicability of act.

28-3,100.
Applicability of act.
The Assault of an Unborn Child Act does not apply to:
(1) Any act or conduct that is committed or engaged in by the mother of the unborn child;
(2) Any medical procedure performed with the consent of the mother; or
(3) Dispensing a drug or device in accordance with law or administering a drug or device prescribed in accordance with law.
Source
Laws 2006, LB 57, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,102 - Act, how cited.

28-3,102.
Act, how cited.
Sections 28-3,102 to 28-3,111 shall be known and may be cited as the Pain-Capable Unborn Child Protection Act.
Source
Laws 2010, LB1103, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,103 - Terms, defined.

28-3,103.
Terms, defined.
For purposes of the Pain-Capable Unborn Child Protection Act:
(1) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;
(2) Attempt to perform or induce an abortion means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the Pain-Capable Unborn Child Protection Act;
(3) Fertilization means the fusion of a human spermatozoon with a human ovum;
(4) Medical emergency means a condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function;
(5) Postfertilization age means the age of the unborn child as calculated from the fertilization of the human ovum;
(6) Reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(7) Physician means any person licensed to practice medicine and surgery or osteopathic medicine under the Uniform Credentialing Act;
(8) Probable postfertilization age of the unborn child means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed;
(9) Unborn child or fetus each mean an individual organism of the species homo sapiens from fertilization until live birth; and
(10) Woman means a female human being whether or not she has reached the age of majority.
Source
Laws 2010, LB1103, § 2.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,104 - Legislative findings.

28-3,104.
Legislative findings.
The Legislature makes the following findings:
(1) At least by twenty weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain;
(2) There is substantial evidence that, by twenty weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain;
(3) Anesthesia is routinely administered to unborn children who have developed twenty weeks or more past fertilization who undergo prenatal surgery;
(4) Even before twenty weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children; and
(5) It is the purpose of the State of Nebraska to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
Source
Laws 2010, LB1103, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,105 - Determination of probable postfertilization age of unborn child; physician; duties.

28-3,105.
Determination of probable postfertilization age of unborn child; physician; duties.
(1) Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.
(2) Failure by any physician to conform to any requirement of this section constitutes unprofessional conduct pursuant to section 38-2021.
Source
Laws 2010, LB1103, § 4.