reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-316.01 - Sexual abuse by a school employee; penalty.

28-316.01.
Sexual abuse by a school employee; penalty.
(1) For purposes of this section:
(a) Sexual contact has the same meaning as in section 28-318;
(b) Sexual penetration has the same meaning as in section 28-318;
(c) School employee means a person nineteen years of age or older who is employed by a public, private, denominational, or parochial school approved or accredited by the State Department of Education; and
(d) Student means a person at least sixteen but not more than nineteen years of age enrolled in or attending a public, private, denominational, or parochial school approved or accredited by the State Department of Education, or who was such a person enrolled in or who attended such a school within ninety days of any violation of this section.
(2) A person commits the offense of sexual abuse by a school employee if a school employee subjects a student in the school to which such employee is assigned for work to sexual penetration or sexual contact, or engages in a pattern or scheme of conduct to subject a student in the school to which such employee is assigned for work to sexual penetration or sexual contact. It is not a defense to a charge under this section that the student consented to such sexual penetration or sexual contact.
(3) Any school employee who engages in sexual penetration with a student is guilty of sexual abuse by a school employee in the first degree. Sexual abuse by a school employee in the first degree is a Class IIA felony.
(4) Any school employee who engages in sexual contact with a student is guilty of sexual abuse by a school employee in the second degree. Sexual abuse by a school employee in the second degree is a Class IIIA felony.
(5) Any school employee who engages in a pattern or scheme of conduct with the intent to subject a student to sexual penetration or sexual contact is guilty of sexual abuse by a school employee in the third degree. Sexual abuse by a school employee in the third degree is a Class IV felony.
Source
Laws 2020, LB881, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-317 - Sexual assault; legislative intent.

28-317.
Sexual assault; legislative intent.
It is the intent of the Legislature to enact laws dealing with sexual assault and related criminal sexual offenses which will protect the dignity of the victim at all stages of judicial process, which will insure that the alleged offender in a criminal sexual offense case have preserved the constitutionally guaranteed due process of law procedures, and which will establish a system of investigation, prosecution, punishment, and rehabilitation for the welfare and benefit of the citizens of this state as such system is employed in the area of criminal sexual offenses.
Source
Laws 1977, LB 38, § 32.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-320.01 - Sexual assault of a child; second or third degree; penalties.

28-320.01.
Sexual assault of a child; second or third degree; penalties.
(1) A person commits sexual assault of a child in the second or third degree if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older.
(2) Sexual assault of a child is in the second degree if the actor causes serious personal injury to the victim. Sexual assault of a child in the second degree is a Class II felony for the first offense.
(3) Sexual assault of a child is in the third degree if the actor does not cause serious personal injury to the victim. Sexual assault of a child in the third degree is a Class IIIA felony for the first offense.
(4) Any person who is found guilty of second degree sexual assault of a child under this section and who has previously been convicted (a) under this section, (b) under section 28-319 of first degree or attempted first degree sexual assault, (c) under section 28-319.01 for first degree or attempted first degree sexual assault of a child, or (d) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-319.01 shall be guilty of a Class IC felony and shall be sentenced to a mandatory minimum term of twenty-five years in prison.
(5) Any person who is found guilty of third degree sexual assault of a child under this section and who has previously been convicted (a) under this section, (b) under section 28-319 of first degree or attempted first degree sexual assault, (c) under section 28-319.01 for first degree or attempted first degree sexual assault of a child, or (d) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-319.01 shall be guilty of a Class IC felony.
Source
Laws 1984, LB 79, § 1;
Laws 1991, LB 23, § 1;
Laws 1996, LB 645, § 14;
Laws 1997, LB 364, § 6;
Laws 2006, LB 1199, § 7.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
The exact date of the commission of an offense is not a substantive element of first, second, or third degree sexual assault of a child. State v. Samayoa, 292 Neb. 334, 873 N.W.2d 449 (2015).
As used in this section, the phrase, "fourteen years of age or younger" designates persons whose age is less than or under fourteen years, and also designates persons who have reached and passed their fourteenth birthday but have not reached their fifteenth birthday. State v. Carlson, 223 Neb. 874, 394 N.W.2d 669 (1986).
Sexual assault of a child is not a lesser-included offense of first degree sexual assault of a child. State v. Putz, 11 Neb. App. 332, 650 N.W.2d 486 (2002).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-320.02 - Sexual assault; use of electronic communication device; prohibited acts; penalties.

28-320.02.
Sexual assault; use of electronic communication device; prohibited acts; penalties.
(1) No person shall knowingly solicit, coax, entice, or lure (a) a child sixteen years of age or younger or (b) a peace officer who is believed by such person to be a child sixteen years of age or younger, by means of an electronic communication device as that term is defined in section 28-833, to engage in an act which would be in violation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320. A person shall not be convicted of both a violation of this subsection and a violation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320 if the violations arise out of the same set of facts or pattern of conduct and the individual solicited, coaxed, enticed, or lured under this subsection is also the victim of the sexual assault under section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320.
(2) A person who violates this section is guilty of a Class ID felony. If a person who violates this section has previously been convicted of a violation of this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813.01, 28-833, 28-1463.03, or 28-1463.05 or subsection (1) or (2) of section 28-320, the person is guilty of a Class IC felony.
Source
Laws 2004, LB 943, § 3;
Laws 2006, LB 1199, § 8;
Laws 2009, LB97, § 13.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Subsection (1) of this section does not criminalize an attempt to commit one of the specified crimes. Instead, it unambiguously criminalizes the persuasion itself. Because this section is focused on persuading a child to engage in an illegal sexual act, the relevant time for determining whether the encouraged sexual act was illegal will generally be when the defendant was engaged in the persuasion. Depending upon the substance of the persuasion, however, this may not always be true. But where the facts did not warrant requiring further proof of the defendant's intent to commit an illegal sexual act, the State was not required to prove that he took a substantial step toward committing such act. State v. Knutson, 288 Neb. 823, 852 N.W.2d 307 (2014).
This section does not implicate speech regarding otherwise legal activity; it targets only speech used for the purpose of enticing a child to engage in illegal sexual conduct, and such speech is not protected by the First Amendment. State v. Rung, 278 Neb. 855, 774 N.W.2d 621 (2009).
Under the former law, a person was guilty of a Class IIIA felony where a person knowingly solicits, coaxes, entices, or lures (1) a child 16 years of age or younger or (2) a peace officer who is believed by such person to be a child 16 years of age or younger, by means of a computer as that term is defined in section 28-1343, to engage in a sexual act. State v. Atchison, 15 Neb. App. 422, 730 N.W.2d 115 (2007).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-322 - Sexual abuse of an inmate or parolee; terms, defined.

28-322.
Sexual abuse of an inmate or parolee; terms, defined.
For purposes of sections 28-322 to 28-322.03:
(1) Inmate or parolee means any individual confined in a facility operated by the Department of Correctional Services or a city or county correctional or jail facility or under parole supervision; and
(2) Person means (a) an individual employed by the Department of Correctional Services or by the Division of Parole Supervision, including any individual working in central administration of the department, any individual working under contract with the department, and any individual, other than an inmate's spouse, to whom the department has authorized or delegated control over an inmate or an inmate's activities, (b) an individual employed by a city or county correctional or jail facility, including any individual working in central administration of the city or county correctional or jail facility, any individual working under contract with the city or county correctional or jail facility, and any individual, other than an inmate's spouse, to whom the city or county correctional or jail facility has authorized or delegated control over an inmate or an inmate's activities, and (c) an individual employed by the Office of Probation Administration who performs official duties within any facility operated by the Department of Correctional Services or a city or county correctional or jail facility.
Source
Laws 1999, LB 511, § 2;
Laws 2001, LB 155, § 1;
Laws 2004, LB 943, § 5;
Laws 2018, LB841, § 1.
Annotations
The control requirement in this section applies only to those nonemployees or noncontractors to whom the Department of Correctional Services has authorized or delegated control over an inmate or an inmate’s activities. State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-322.01 - Sexual abuse of an inmate or parolee.

28-322.01.
Sexual abuse of an inmate or parolee.
(1) A person commits the offense of sexual abuse of an inmate or parolee if such person subjects an inmate or parolee to sexual penetration or sexual contact as those terms are defined in section 28-318. It is not a defense to a charge under this section that the inmate or parolee consented to such sexual penetration or sexual contact.
(2) An otherwise lawful pat-down or body cavity search by a person is not a violation of this section.
Source
Laws 1999, LB 511, § 3;
Laws 2001, LB 155, § 2;
Laws 2004, LB 943, § 6;
Laws 2019, LB519, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-322.02 - Sexual abuse of an inmate or parolee in the first degree; penalty.

28-322.02.
Sexual abuse of an inmate or parolee in the first degree; penalty.
Any person who subjects an inmate or parolee to sexual penetration is guilty of sexual abuse of an inmate or parolee in the first degree. Sexual abuse of an inmate or parolee in the first degree is a Class IIA felony.
Source
Laws 1999, LB 511, § 4;
Laws 2015, LB605, § 19.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
As used in this section, the word "subject" means to cause to undergo the action of something specified. State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-322.03 - Sexual abuse of an inmate or parolee in the second degree; penalty.

28-322.03.
Sexual abuse of an inmate or parolee in the second degree; penalty.
Any person who subjects an inmate or parolee to sexual contact is guilty of sexual abuse of an inmate or parolee in the second degree. Sexual abuse of an inmate or parolee in the second degree is a Class IIIA felony.
Source
Laws 1999, LB 511, § 5;
Laws 2015, LB605, § 20.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-322.04 - Sexual abuse of a protected individual; penalties.

28-322.04.
Sexual abuse of a protected individual; penalties.
(1) For purposes of this section:
(a) Person means an individual employed by the Department of Health and Human Services and includes, but is not limited to, any individual working in central administration or regional service areas or facilities of the department and any individual to whom the department has authorized or delegated control over a protected individual or a protected individual's activities, whether by contract or otherwise; and
(b) Protected individual means an individual in the care or custody of the department.
(2) A person commits the offense of sexual abuse of a protected individual if the person subjects a protected individual to sexual penetration or sexual contact as those terms are defined in section 28-318. It is not a defense to a charge under this section that the protected individual consented to such sexual penetration or sexual contact.
(3) Any person who subjects a protected individual to sexual penetration is guilty of sexual abuse of a protected individual in the first degree. Sexual abuse of a protected individual in the first degree is a Class IIA felony.
(4) Any person who subjects a protected individual to sexual contact is guilty of sexual abuse of a protected individual in the second degree. Sexual abuse of a protected individual in the second degree is a Class IIIA felony.
Source
Laws 2003, LB 17, § 2;
Laws 2007, LB296, § 26;
Laws 2015, LB605, § 21.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Under this section, the word "subject" means to cause to undergo the action of something specified. State v. Wood, 296 Neb. 738, 895 N.W.2d 701 (2017).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-322.05 - Sexual abuse of a detainee; penalty.

28-322.05.
Sexual abuse of a detainee; penalty.
(1) For purposes of this section:
(a) Detainee means an individual who has been:
(i) Arrested by a person;
(ii) Detained by a person, regardless of whether the detainee has been arrested or charged; or
(iii) Placed into the custody of a person, regardless of whether the detainee has been arrested or charged;
(b) Law enforcement agency means an agency or department of this state or of any political subdivision of this state which is responsible for the prevention and detection of crime; the enforcement of the penal, traffic, or highway laws of this state or any political subdivision of this state; and the enforcement of arrest warrants. Law enforcement agency includes a police department, an office of the town marshal, an office of the county sheriff, the Nebraska State Patrol, and any department to which a deputy state sheriff is assigned as provided in section 84-106; and
(c) Person means an individual:
(i) Who is employed by a law enforcement agency, including an individual working under contract with the agency;
(ii) To whom the law enforcement agency has authorized or delegated authority to make arrests, to place a detainee in detention or custody, or to otherwise exercise control over a detainee or a detainee's activities; and
(iii) Who is not the spouse of a detainee.
(2) A person commits the offense of sexual abuse of a detainee if the person engages in sexual penetration or sexual contact with a detainee. It is not a defense to a charge under this section that the detainee consented to such sexual penetration or sexual contact.
(3) An otherwise lawful pat-down or body cavity search by a person is not a violation of this section.
(4) Any person who engages in sexual penetration with a detainee is guilty of sexual abuse of a detainee in the first degree. Sexual abuse of a detainee in the first degree is a Class IIA felony.
(5) Any person who engages in sexual contact with a detainee is guilty of sexual abuse of a detainee in the second degree. Sexual abuse of a detainee in the second degree is a Class IIIA felony.
Source
Laws 2019, LB519, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-323 - Domestic assault; penalties.

28-323.
Domestic assault; penalties.
(1) A person commits the offense of domestic assault in the third degree if he or she:
(a) Intentionally and knowingly causes bodily injury to his or her intimate partner;
(b) Threatens an intimate partner with imminent bodily injury; or
(c) Threatens an intimate partner in a menacing manner.
(2) A person commits the offense of domestic assault in the second degree if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.
(3) A person commits the offense of domestic assault in the first degree if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.
(4) Violation of subdivision (1)(a) or (b) of this section is a Class I misdemeanor, except that for any subsequent violation of subdivision (1)(a) or (b) of this section, any person so offending is guilty of a Class IIIA felony.
(5) Violation of subdivision (1)(c) of this section is a Class I misdemeanor.
(6) Violation of subsection (2) of this section is a Class IIIA felony, except that for any second or subsequent violation of such subsection, any person so offending is guilty of a Class IIA felony.
(7) Violation of subsection (3) of this section is a Class IIA felony, except that for any second or subsequent violation under such subsection, any person so offending is guilty of a Class II felony.
(8) For purposes of this section, intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship. For purposes of this subsection, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.
Source
Laws 2004, LB 613, § 5;
Laws 2010, LB507, § 2;
Laws 2015, LB605, § 22.
Annotations
Multiple counts of third degree domestic assault under this section are not the "same offense" for double jeopardy purposes if a break occurred between the alleged assaults that allowed the defendant to form anew the required criminal intent. State v. Kleckner, 291 Neb. 539, 867 N.W.2d 273 (2015).
Pursuant to this section, the defendant and the victim were in a dating relationship and the victim was the defendant's "intimate partner," where their relationship began as casual or social, but progressed into a more serious relationship, their families considered them to be dating and each other's girlfriend or boyfriend, and the altercation was precipitated by the victim's concerns that the defendant was cheating on her by dating other girls. State v. Gay, 18 Neb. App. 163, 778 N.W.2d 494 (2009).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-325 - Abortion; declaration of purpose.

28-325.
Abortion; declaration of purpose.
The Legislature hereby finds and declares:
(1) That the following provisions were motivated by the legislative intrusion of the United States Supreme Court by virtue of its decision removing the protection afforded the unborn. Sections 28-325 to 28-345 are in no way to be construed as legislatively encouraging abortions at any stage of unborn human development, but are rather an expression of the will of the people of the State of Nebraska and the members of the Legislature to provide protection for the life of the unborn child whenever possible;
(2) That the members of the Legislature expressly deplore the destruction of the unborn human lives which has and will occur in Nebraska as a consequence of the United States Supreme Court's decision on abortion of January 22, 1973;
(3) That it is in the interest of the people of the State of Nebraska that every precaution be taken to insure the protection of every viable unborn child being aborted, and every precaution be taken to provide life-supportive procedures to insure the unborn child its continued life after its abortion;
(4) That currently this state is prevented from providing adequate legal remedies to protect the life, health, and welfare of pregnant women and unborn human life;
(5) That it is in the interest of the people of the State of Nebraska to maintain accurate statistical data to aid in providing proper maternal health regulations and education;
(6) That the existing standard of care for preabortion screening and counseling is not always adequate to protect the health needs of women;
(7) That clarifying the minimum standard of care for preabortion screening and counseling in statute is a practical means of protecting the well-being of women and may better ensure that abortion doctors are sufficiently aware of each patient's risk profile so they may give each patient a well-informed medical opinion regarding her unique case; and
(8) That providing right to redress against nonphysicians who perform illegal abortions or encourage self-abortions is an important means of protecting women's health.
Source
Laws 1977, LB 38, § 40;
Laws 1997, LB 23, § 1;
Laws 2010, LB594, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.02 - Abortion; emergency situation; physician; duties.

28-327.02.
Abortion; emergency situation; physician; duties.
When an emergency situation compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial impairment of a major bodily function.
Source
Laws 1993, LB 110, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.03 - Civil liability; limitation.

28-327.03.
Civil liability; limitation.
No civil liability for failure to comply with subdivision (2)(d) of section 28-327 or that portion of subdivision (7) of such section requiring a written certification that the woman has been informed of her right to review the information referred to in subdivision (2)(d) of such section may be imposed unless the Department of Health and Human Services has published and made available the printed materials at the time the physician or his or her agent is required to inform the woman of her right to review them.
Source
Laws 1993, LB 110, § 5;
Laws 1996, LB 1044, § 62;
Laws 2009, LB675, § 4;
Laws 2010, LB594, § 13.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.04 - Civil cause of action; authorized; evidence of professional negligence; attorney's fee.

28-327.04.
Civil cause of action; authorized; evidence of professional negligence; attorney's fee.
Any person upon whom an abortion has been performed or attempted in violation of section 28-327 or the parent or guardian of a minor upon whom an abortion has been performed or attempted in violation of such section shall have a right to maintain a civil cause of action against the person who performed the abortion or attempted to perform the abortion. A violation of subdivision (1), (2), (3), (7), or (8) of section 28-327 shall be prima facie evidence of professional negligence. The written certifications prescribed by subdivisions (4) and (7) of section 28-327 signed by the person upon whom an abortion has been performed or attempted shall constitute and create a rebuttable presumption of full compliance with all provisions of section 28-327 in favor of the physician who performed or attempted to perform the abortion, the referring physician, or the agent of either physician. The written certification shall be admissible as evidence in the cause of action for professional negligence or in any criminal action. If judgment is rendered in favor of the plaintiff in any such action, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
Source
Laws 1993, LB 110, § 6;
Laws 2009, LB675, § 5;
Laws 2010, LB594, § 14.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.05 - Civil action; anonymity of woman; procedures.

28-327.05.
Civil action; anonymity of woman; procedures.
In every civil action brought pursuant to section 28-327.04, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion by a party or on its own motion, 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, anyone given standing under section 28-327.04 who brings a civil action under such section 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.
Source
Laws 1993, LB 110, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.06 - Waiver of evaluations and notices; void and unenforceable.

28-327.06.
Waiver of evaluations and notices; void and unenforceable.
Any waiver of the evaluations and notices provided for in subdivision (4) of section 28-327 is void and unenforceable.
Source
Laws 2010, LB594, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.07 - Damages.

28-327.07.
Damages.
In addition to whatever remedies are available under the common or statutory laws of this state, the intentional, knowing, or negligent failure to comply with the requirements of section 28-327 shall provide a basis for the following damages:
(1) The award of reasonable costs and attorney's fees; and
(2) A recovery for the pregnant woman for the wrongful death of her unborn child under section 30-809 upon proving by a preponderance of evidence that the physician knew or should have known that the pregnant woman's consent was either not fully informed or not fully voluntary pursuant to section 28-327.
Source
Laws 2010, LB594, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.08 - Action for civil remedies.

28-327.08.
Action for civil remedies.
Any action for civil remedies based on a failure to comply with the requirements of section 28-327 shall be commenced in accordance with section 25-222 or 44-2828.
Source
Laws 2010, LB594, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.09 - Minor; burden of proof.

28-327.09.
Minor; burden of proof.
If a physician performed an abortion on a pregnant woman who is a minor without providing the information required in section 28-327 to the pregnant woman's parent or legal guardian, then the physician bears the burden of proving that the pregnant woman was capable of independently evaluating the information given to her.
Source
Laws 2010, LB594, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.10 - Time requirement.

28-327.10.
Time requirement.
Except in the case of an emergency situation, if a pregnant woman is provided with the information required by section 28-327 less than twenty-four hours before her scheduled abortion, the physician shall bear the burden of proving that the pregnant woman had sufficient reflection time, given her age, maturity, emotional state, and mental capacity, to comprehend and consider such information.
Source
Laws 2010, LB594, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.11 - Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.

28-327.11.
Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.
In a civil action involving section 28-327, the following shall apply:
(1) In determining the liability of the physician and the validity of the consent of a pregnant woman, the failure to comply with the requirements of section 28-327 shall create a rebuttable presumption that the pregnant woman would not have undergone the recommended abortion had section 28-327 been complied with by the physician;
(2) The absence of physical injury shall not preclude an award of noneconomic damages including pain, suffering, inconvenience, mental suffering, emotional distress, psychological trauma, loss of society or companionship, loss of consortium, injury to reputation, or humiliation associated with the abortion;
(3) The fact that a physician does not perform elective abortions or has not performed elective abortions in the past shall not automatically disqualify such physician from being an expert witness. A licensed obstetrician or family practitioner who regularly assists pregnant women in resolving medical matters related to pregnancy may be qualified to testify as an expert on the screening, counseling, management, and treatment of pregnancies;
(4) Any physician advertising services in this state shall be deemed to be transacting business in this state pursuant to section 25-536 and shall be subject to the provisions of section 28-327;
(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision; and
(6) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person, other than a physician or pharmacist licensed under the Uniform Credentialing Act, who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.
Source
Laws 2010, LB594, § 10.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-327.12 - Statute of limitations; tolled; section, how construed; violations; how treated.

28-327.12.
Statute of limitations; tolled; section, how construed; violations; how treated.
(1) In the event that any portion of section 28-327 is enjoined and subsequently upheld, the statute of limitations for filing a civil suit under section 28-327 shall be tolled during the period for which the injunction is pending and for two years thereafter.
(2) Nothing in section 28-327 shall be construed as defining a standard of care for any medical procedure other than an induced abortion.
(3) A violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action or disciplinary action against or revocation of a license to practice medicine and surgery pursuant to the Uniform Credentialing Act.
Source
Laws 2010, LB594, § 11.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-328 - Partial-birth abortion; prohibition; violation; penalties.

28-328.
Partial-birth abortion; prohibition; violation; penalties.
(1) No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(2) The intentional and knowing performance of an unlawful partial-birth abortion in violation of subsection (1) of this section is a Class III felony.
(3) No woman upon whom an unlawful partial-birth abortion is performed shall be prosecuted under this section or for conspiracy to violate this section.
(4) The intentional and knowing performance of an unlawful partial-birth abortion shall result in the automatic suspension and revocation of an attending physician's license to practice medicine in Nebraska by the Division of Public Health pursuant to sections 38-177 to 38-1,102.
(5) Upon the filing of criminal charges under this section by the Attorney General or a county attorney, the Attorney General shall also file a petition to suspend and revoke the attending physician's license to practice medicine pursuant to section 38-186. A hearing on such administrative petition shall be set in accordance with section 38-188. At such hearing, the attending physician shall have the opportunity to present evidence that the physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. A defendant against whom criminal charges are brought under this section may bring a motion to delay the beginning of the trial until after the entry of an order by the Director of Public Health pursuant to section 38-196. The findings of the director as to whether the attending physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, shall be admissible in the criminal proceedings brought pursuant to this section.
Source
Laws 1997, LB 23, § 3;
Laws 2007, LB296, § 28;
Laws 2007, LB463, § 1118.
Annotations
Section declared unconstitutional. Stenberg v. Carhart, 530 U.S. 914 (2000).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-329 - Abortion; when not to be performed.

28-329.
Abortion; when not to be performed.
No abortion shall be performed after the time at which, in the sound medical judgment of the attending physician, the unborn child clearly appears to have reached viability, except when necessary to preserve the life or health of the mother.
Source
Laws 1977, LB 38, § 44;
Laws 1979, LB 316, § 3;
Laws 1984, LB 695, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-330 - Abortion procedure; protection of viable, unborn child.

28-330.
Abortion procedure; protection of viable, unborn child.
In any abortion performed pursuant to section 28-329, all reasonable precautions, in accord with the sound medical judgment of the attending physician and compatible with preserving the life or health of the mother, shall be taken to insure the protection of the viable, unborn child.
Source
Laws 1977, LB 38, § 45;
Laws 1979, LB 316, § 4;
Laws 1984, LB 695, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-331 - Care and treatment of child aborted.

28-331.
Care and treatment of child aborted.
When as the result of an abortion a child is, in the sound medical judgment of the attending physician, born alive, then all reasonable steps, in accordance with the sound medical judgment of the attending physician, shall be employed to preserve the life of the child. For purposes of this section, born alive shall mean the complete expulsion or extraction of the child from the mother irrespective of the duration of the pregnancy and after such expulsion or extraction such child breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles whether or not the umbilical cord has been cut or the placenta is attached.
Source
Laws 1977, LB 38, § 46;
Laws 1979, LB 316, § 5;
Laws 1984, LB 695, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-332 - Violation; penalty.

28-332.
Violation; penalty.
The intentional and knowing violation of section 28-329, 28-330, or 28-331 is a Class IV felony.
Source
Laws 1977, LB 38, § 47;
Laws 1984, LB 695, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-335 - Abortion by other than licensed physician; penalty; physical presence; violation; penalty.

28-335.
Abortion by other than licensed physician; penalty; physical presence; violation; penalty.
(1) The performing of an abortion by any person other than a licensed physician is a Class IV felony.
(2) No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient when the physician performs, induces, or attempts to perform or induce the abortion. Any person who knowingly or recklessly violates this subsection shall be guilty of a Class IV felony. No civil or criminal penalty shall be assessed against the patient upon whom the abortion is performed, induced, or attempted to be performed or induced.
Source
Laws 1977, LB 38, § 50;
Laws 2011, LB521, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-337 - Hospital, clinic, institution; not required to admit patient for abortion.

28-337.
Hospital, clinic, institution; not required to admit patient for abortion.
No hospital, clinic, institution, or other facility in this state shall be required to admit any patient for the purpose of performing an abortion nor required to allow the performance of an abortion therein, but the hospital, clinic, institution, or other facility shall inform the patient of its policy not to participate in abortion procedures. No cause of action shall arise against any hospital, clinic, institution, or other facility for refusing to perform or allow an abortion.
Source
Laws 1977, LB 38, § 52.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-338 - No person required to perform an abortion; no liability for refusal.

28-338.
No person required to perform an abortion; no liability for refusal.
No person shall be required to perform or participate in any abortion, and the refusal of any person to participate in an abortion shall not be a basis for civil liability to any person. No hospital, governing board, or any other person, firm, association, or group shall terminate the employment or alter the position of, prevent or impair the practice or occupation of, or impose any other sanction or otherwise discriminate against any person who refuses to participate in an abortion.
Source
Laws 1977, LB 38, § 53.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-340 - Discrimination against person refusing to participate in an abortion; damages.

28-340.
Discrimination against person refusing to participate in an abortion; damages.
Any person whose employment or position has been in any way altered, impaired, or terminated in violation of sections 28-325 to 28-345 may sue in the district court for all consequential damages, lost wages, reasonable attorney's fees incurred, and the cost of litigation.
Source
Laws 1977, LB 38, § 55;
Laws 1997, LB 23, § 4;
Laws 2010, LB594, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-341 - Discrimination against person refusing to participate in an abortion; injunctive relief.

28-341.
Discrimination against person refusing to participate in an abortion; injunctive relief.
Any person whose employment or position has in any way been altered, impaired, or terminated because of his refusal to participate in an abortion shall have the right to injunctive relief, including temporary relief, pending trial upon showing of an emergency, in the district court, in accordance with the statutes, rules, and practices applicable in other similar cases.
Source
Laws 1977, LB 38, § 56.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-342 - Aborted child; sell, transfer, distribute, give away; violation; penalty.

28-342.
Aborted child; sell, transfer, distribute, give away; violation; penalty.
The knowing, willful, or intentional sale, transfer, distribution, or giving away of any live or viable aborted child for any form of experimentation is a Class III felony. The knowing, willful, or intentional consenting to, aiding, or abetting of any such sale, transfer, distribution, or other unlawful disposition of an aborted child is a Class III felony. This section shall not prohibit or regulate diagnostic or remedial procedures the purpose of which is to preserve the life or health of the aborted child or the mother.
Source
Laws 1977, LB 38, § 57;
Laws 1979, LB 316, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-343 - Department of Health and Human Services; abortion reporting form; items included; confidential.

28-343.
Department of Health and Human Services; abortion reporting form; items included; confidential.
The Department of Health and Human Services shall prescribe an abortion reporting form which shall be used for the reporting of every abortion performed in this state. Such form shall include the following items:
(1) The age of the pregnant woman;
(2) The location of the facility where the abortion was performed;
(3) The type of procedure performed;
(4) Complications, if any;
(5) The name of the attending physician;
(6) The pregnant woman's obstetrical history regarding previous pregnancies, abortions, and live births;
(7) The stated reason or reasons for which the abortion was requested;
(8) The state of the pregnant woman's legal residence;
(9) The length and weight of the aborted child, when measurable;
(10) Whether an emergency situation caused the physician to waive any of the requirements of section 28-327; and
(11) Such other information as may be prescribed in accordance with section 71-602.
The completed form shall be signed by the attending physician and sent to the department within fifteen days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding.
Source
Laws 1977, LB 38, § 58;
Laws 1979, LB 316, § 9;
Laws 1984, LB 695, § 8;
Laws 1989, LB 344, § 2;
Laws 1996, LB 1044, § 63;
Laws 1997, LB 307, § 2;
Laws 2007, LB296, § 29.
Annotations
This section is unconstitutional insofar as the statute requires physicians to make an official report of "prescribed" abortions. Womens Services, P.C. v. Thone, 483 F.Supp. 1022 (D. Neb. 1979).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-345 - Department of Health and Human Services; permanent file; rules and regulations.

28-345.
Department of Health and Human Services; permanent file; rules and regulations.
The Department of Health and Human Services shall prepare and keep on permanent file compilations of the information submitted on the abortion reporting forms and reporting forms regarding attempts at continuing a woman's pregnancy after taking mifepristone pursuant to such rules and regulations as established by the department, which compilations shall be a matter of public record. Under no circumstances shall the compilations of information include the name of any attending physician or identify in any respect facilities where abortions are performed. The department, in order to maintain and keep such compilations current, shall file with such reports any new or amended information.
Source
Laws 1977, LB 38, § 60;
Laws 1979, LB 316, § 10;
Laws 1996, LB 1044, § 64;
Laws 2007, LB296, § 30;
Laws 2019, LB209, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-346 - Aborted infant; experimentation; prohibited; exception; penalty.

28-346.
Aborted infant; experimentation; prohibited; exception; penalty.
No person shall knowingly, intentionally, or willfully use any premature infant aborted alive for any type of scientific, research, laboratory, or other kind of experimentation except as necessary to protect or preserve the life or health of such premature infant aborted alive. Violation of this section is a Class IV felony.
Source
Laws 1979, LB 316, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-347 - Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable.

28-347.
Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable.
(1) It shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103.
(2) A person accused in any proceeding of unlawful conduct under subsection (1) of this section may seek a hearing before the Board of Medicine and Surgery on whether the performance of a dismemberment abortion was necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103. The board's findings are admissible on that issue at any trial in which such unlawful conduct is alleged. Upon a motion of the person accused, the court shall delay the beginning of the trial for not more than thirty days to permit such a hearing to take place.
(3) No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion. No nurse, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, shall be liable for performing or attempting to perform a dismemberment abortion. No pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be liable for performing or attempting to perform a dismemberment abortion.
Source
Laws 2020, LB814, § 3.