Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Repealed. Laws 1984, LB 695, § 9.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-335 Abortion by other than licensed physician; penalty; physical presence; violation; penalty.
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(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, induc…
Neb. Rev. Stat. § 28-336 Abortion by other than accepted medical procedures; penalty.
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The performing of an abortion by using anything other than accepted medical procedures is a Class IV felony.
Neb. Rev. Stat. § 28-337 Hospital, clinic, institution; not required to admit patient for abortion.
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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 t…
Neb. Rev. Stat. § 28-338 No person required to perform an abortion; no liability for refusal.
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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 terminat…
Neb. Rev. Stat. § 28-339 Discrimination against person refusing to participate in an abortion; violation; penalty.
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Any violation of section 28-338 is a Class II misdemeanor.
Neb. Rev. Stat. § 28-340 Discrimination against person refusing to participate in an abortion; damages.
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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.
Neb. Rev. Stat. § 28-341 Discrimination against person refusing to participate in an abortion; injunctive relief.
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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 cou…
Neb. Rev. Stat. § 28-342 Aborted child; sell, transfer, distribute, give away; violation; penalty.
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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, distrib…
Neb. Rev. Stat. § 28-343 Department of Health and Human Services; abortion reporting form; items included; confidential.
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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…
Neb. Rev. Stat. § 28-344 Reporting form; violation; penalty.
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Violation of section 28-343 is a Class II misdemeanor.
Neb. Rev. Stat. § 28-345 Department of Health and Human Services; permanent file; rules and regulations.
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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…
Neb. Rev. Stat. § 28-346 Aborted infant; experimentation; prohibited; exception; penalty.
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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. V…
Neb. Rev. Stat. § 28-347 Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable.
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(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 acc…
Neb. Rev. Stat. § 28-347.01 Dismemberment abortion; injunction; cause of action; who may maintain.
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(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 ye…
Neb. Rev. Stat. § 28-347.02 Dismemberment abortion; damages; cause of action; who may maintain.
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(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 ch…
Neb. Rev. Stat. § 28-347.03 Dismemberment abortion; cause of action; judgment; attorney's fees.
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(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 defenda…
Neb. Rev. Stat. § 28-347.04 Dismemberment abortion; penalty.
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The intentional and knowing performance of an unlawful dismemberment abortion in violation of section 28-347 is a Class IV felony.
Neb. Rev. Stat. § 28-347.05 Dismemberment abortion; action or proceeding; anonymity of woman; preserved; court order.
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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 …
Neb. Rev. Stat. § 28-347.06 Dismemberment abortion; sections, how construed.
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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.
Neb. Rev. Stat. § 28-348 Act, how cited.
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Sections 28-348 to 28-387 shall be known and may be cited as the Adult Protective Services Act.
Neb. Rev. Stat. § 28-349 Legislative intent.
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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 assista…
Neb. Rev. Stat. § 28-350 Definitions, where found.
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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.
Neb. Rev. Stat. § 28-351 Abuse, defined.
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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.
Neb. Rev. Stat. § 28-352 Adult protective services, defined.
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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 explo…
Neb. Rev. Stat. § 28-352.01 Adult protective services official, defined.
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Adult protective services official means an individual who is employed by the department and who develops and implements adult protective services.
Neb. Rev. Stat. § 28-353 Caregiver, defined.
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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.
Neb. Rev. Stat. § 28-354 Cruel punishment, defined.
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Cruel punishment shall mean punishment which intentionally causes physical injury to a vulnerable adult.
Transferred to section 28-361.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-356 Department, defined.
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Department shall mean the Department of Health and Human Services.
Neb. Rev. Stat. § 28-357 Essential services, defined.
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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 pr…
Neb. Rev. Stat. § 28-358 Exploitation, defined.
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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 relati…
Neb. Rev. Stat. § 28-358.01 Isolation, defined.
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(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 hi…
Neb. Rev. Stat. § 28-359 Law enforcement agency, defined.
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Law enforcement agency shall mean the police department or the town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol.
Neb. Rev. Stat. § 28-360 Least restrictive alternative, defined.
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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.
Neb. Rev. Stat. § 28-361 Living independently, defined.
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Living independently shall include, but not be limited to, using the telephone, shopping, preparing food, housekeeping, and administering medications.
Neb. Rev. Stat. § 28-361.01 Neglect, defined.
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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 …
Neb. Rev. Stat. § 28-362 Permit, defined.
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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.
Neb. Rev. Stat. § 28-363 Physical injury, defined.
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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 fun…
Neb. Rev. Stat. § 28-364 Proper supervision, defined.
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Proper supervision shall mean care and control of a vulnerable adult which a reasonable and prudent person would exercise under similar facts and circumstances.
Neb. Rev. Stat. § 28-365 Registry, defined.
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Registry shall mean the Adult Protective Services Central Registry established by section 28-376.
Neb. Rev. Stat. § 28-366 Self-care, defined.
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Self-care shall include, but not be limited to, personal hygiene, eating, and dressing.
Neb. Rev. Stat. § 28-366.01 Senior adult, defined.
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Senior adult means any person sixty-five years of age or older.
Neb. Rev. Stat. § 28-367 Sexual abuse, defined.
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Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.
Neb. Rev. Stat. § 28-367.01 Sexual exploitation, defined.
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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…
Neb. Rev. Stat. § 28-368 Substantial functional impairment, defined.
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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.
Neb. Rev. Stat. § 28-369 Substantial mental impairment, defined.
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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.
Neb. Rev. Stat. § 28-370 Unreasonable confinement, defined.
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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.
Neb. Rev. Stat. § 28-371 Vulnerable adult, defined.
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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.
Neb. Rev. Stat. § 28-372 Report of abuse, neglect, or exploitation; required; contents; notification; toll-free number established.
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(1) When any physician, psychologist, physician assistant, nurse, nurse aide, other medical, developmental disability, or mental health professional, law enforcement personnel, caregiver or employee of a caregiver, operator or employee of a sheltered workshop, owner, operator, or…