Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-701 Bigamy; penalty; exception.
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(1) If any married person, having a husband or wife living, shall marry any other person, he shall be deemed guilty of bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage: (a) The accused reasonably believes that the prior spouse is dea…
Neb. Rev. Stat. § 28-702 Incestuous marriages; declared void.
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Incestuous marriages are marriages between parents and children, grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews. Incestuous marriages are declared to be absolute…
Neb. Rev. Stat. § 28-703 Incest; penalty.
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(1) A person commits the offense of incest if he or she knowingly: (a) Intermarries or engages in sexual penetration or sexual contact with any person who falls within the degrees of consanguinity set forth in section 28-702; (b) Engages in sexual penetration or sexual contact wi…
Repealed. Laws 1995, LB 22, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-705 Abandonment of spouse, child, or dependent stepchild; prohibited acts; penalty.
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(1) Any person who abandons and neglects or refuses to maintain or provide for his or her spouse or his or her child or dependent stepchild, whether such child is born in or out of wedlock, commits abandonment of spouse, child, or dependent stepchild. (2) For the purposes of this…
Neb. Rev. Stat. § 28-706 Criminal nonsupport; penalty; exceptions.
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(1) Any person who intentionally fails, refuses, or neglects to provide proper support which he or she knows or reasonably should know he or she is legally obliged to provide to a spouse, minor child, minor stepchild, or other dependent commits criminal nonsupport. (2) A parent o…
Neb. Rev. Stat. § 28-707 Child abuse; privileges not available; penalties.
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(1) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be: (a) Placed in a situation that endangers his or her life or physical or mental health; (b) Cruelly confined or cruelly punished; (c) Deprived of necessary…
Repealed. Laws 1988, LB 463, § 50.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-709 Contributing to the delinquency of a child; penalty; definitions.
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(1) Any person who, by any act, encourages, causes, or contributes to the delinquency or need for special supervision of a child under eighteen years of age, so that such child becomes, or will tend to become, a delinquent child, or a child in need of special supervision, commits…
Neb. Rev. Stat. § 28-710 Child Protection and Family Safety Act, how cited; terms, defined.
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(1) Sections 28-710 to 28-727 shall be known and may be cited as the Child Protection and Family Safety Act. (2) For purposes of the Child Protection and Family Safety Act: (a) Alternative response means a comprehensive assessment of (i) child safety, (ii) the risk of future chil…
Neb. Rev. Stat. § 28-710.01 Legislative declarations.
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(1) The Legislature declares that the public policy of the State of Nebraska is to protect children whose health or welfare may be jeopardized by abuse or neglect. The Legislature recognizes that most families want to keep their children safe, but circumstances or conditions some…
Neb. Rev. Stat. § 28-711 Child subjected to abuse or neglect; report; contents; toll-free number.
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(1) When any physician, any medical institution, any nurse, any school employee, any social worker, the Inspector General appointed under section 50-1805, or any other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes suc…
Neb. Rev. Stat. § 28-711.01 Report of child abuse or neglect; transfer or disenrollment of a student prohibited, when; notice requirements; confidentiality.
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(1) For any report of child abuse or neglect resulting in an active investigation by the department where the subject of the report is a parent or legal guardian of a student or an educational decisionmaker for a student, the department shall notify the superintendent of such stu…
Neb. Rev. Stat. § 28-712 Reports of child abuse or neglect; department; determination; alternative response; prevention services; referral; Nebraska Children's Commission; advisory committee; recommendations; rules and regulations.
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(1) Upon receipt of a report pursuant to section 28-711, the department shall determine whether to (a) accept the report for traditional response and an investigation pursuant to section 28-713, (b) accept the report for alternative response pursuant to section 28-712.01, (c) acc…
Neb. Rev. Stat. § 28-712.01 Reports of child abuse or neglect; alternative response assigned; criteria; Review, Evaluate, and Decide Team; duties; department; duties; Inspector General's review.
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(1)(a) The department may assign a report for alternative response consistent with the Child Protection and Family Safety Act. (b) No report involving any of the following shall be assigned to alternative response but shall be immediately forwarded to law enforcement or the count…
Neb. Rev. Stat. § 28-712.02 Military family advocacy program; child abuse or neglect; notify military installation.
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(1) For purposes of this section: (a) Military family advocacy program means the program established by the United States Department of Defense and provided at a military installation to address child abuse and neglect in military families; and (b) Military installation has the s…
Neb. Rev. Stat. § 28-713 Reports of child abuse or neglect; law enforcement agency; department; duties; rules and regulations.
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(1) Unless a report is assigned to alternative response, upon the receipt of a call reporting child abuse and neglect as required by section 28-711, it is the duty of the law enforcement agency to investigate the report, to take immediate steps to protect the child, and to instit…
Neb. Rev. Stat. § 28-713.01 Cases of child abuse or neglect; completion of investigation; notice; when; right to appeal; right to amend or expunge information; appeal.
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(1) Upon completion of the investigation pursuant to section 28-713: (a) In situations of alleged out-of-home child abuse or neglect, the person or persons having custody of the allegedly abused or neglected child or children shall be given written notice of the results of the in…
Neb. Rev. Stat. § 28-713.02 Non-court-involved cases; right of parent; caregiver authority; department; powers and duties.
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(1) In all non-court-involved cases in which a child lives temporarily with a kin caregiver or a relative caregiver until reunification can be safely achieved: (a) A parent shall have the right to have his or her child returned to such parent's home upon demand unless the child i…
Neb. Rev. Stat. § 28-713.03 Rules and regulations.
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(1) The department shall adopt and promulgate rules and regulations consistent with Laws 2020, LB1061, and shall revoke any rules and regulations inconsistent with Laws 2020, LB1061, by July 1, 2021. (2) The department shall adopt and promulgate rules and regulations regarding (a…
Neb. Rev. Stat. § 28-714 Privileged communications; not grounds for excluding evidence.
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The privileged communication between patient and physician, between client and professional counselor, and between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect required by section 28-711…
Neb. Rev. Stat. § 28-715 Tracking system; department; duties; use authorized.
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The department shall retain all information from all reports of suspected child abuse or neglect required by section 28-711 and all records generated as a result of such reports in a tracking system of child protection cases. The tracking system shall be used for statistical purp…
Neb. Rev. Stat. § 28-716 Person participating in an investigation or the making of a report or providing information or assistance; immune from liability; civil or criminal.
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Any person participating in an investigation or the making of a report of child abuse or neglect required by section 28-711 pursuant to or participating in a judicial proceeding resulting therefrom or providing information or assistance, including a medical evaluation or consulta…
Neb. Rev. Stat. § 28-717 Violation; penalty.
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Any person who willfully fails to make any report of child abuse or neglect required by section 28-711 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 28-718 Child protection cases; central registry; name-change order; treatment; fee; waiver.
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(1) There shall be a central registry of child protection cases maintained in the department containing records of all reports of child abuse or neglect opened for investigation as provided in section 28-713 and classified as either court substantiated or agency substantiated as …
Neb. Rev. Stat. § 28-719 Child abuse and neglect records; access; when.
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Upon complying with identification requirements established by regulation of the department, or when ordered by a court of competent jurisdiction, any person legally authorized by section 28-722, 28-726, or 28-727 to have access to records relating to child abuse and neglect may …
Neb. Rev. Stat. § 28-720 Cases; central registry; classification; expungement; department; report; appeal.
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(1) All cases entered into the central registry of child protection cases maintained pursuant to section 28-718 shall be classified as one of the following: (a) Court substantiated, if a court of competent jurisdiction has entered a judgment of guilty against the subject of the r…
Neb. Rev. Stat. § 28-720.01 Unfounded reports; how treated.
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All reports of child abuse or neglect which are not under subdivision (1)(a), (b), or (c) of section 28-720 shall be considered unfounded and shall be maintained only in the tracking system of child protection cases pursuant to section 28-715 and not in the central registry of ch…
Neb. Rev. Stat. § 28-721 Central registry; record; amend, expunge, or remove; mandatory expungement hearing; waiver; department; duties.
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(1) At any time, the department may amend, expunge, or remove from the central registry of child protection cases maintained pursuant to section 28-718 any record upon good cause shown and upon notice to the subject of the report of child abuse or neglect. (2)(a) If the subject o…
Neb. Rev. Stat. § 28-722 Central registry; subject of report; access to information.
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Upon request, a subject of the report of child abuse or neglect or, if such subject is a minor or otherwise legally incompetent, the guardian or guardian ad litem of the subject, shall be entitled to receive a copy of all information contained in the central registry of child pro…
Neb. Rev. Stat. § 28-723 Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal.
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At any time subsequent to the completion of the department's investigation, the subject of the report of child abuse or neglect may request the department to amend, expunge identifying information from, or remove the record of the report from the central registry of child protect…
Neb. Rev. Stat. § 28-724 Record; amendment, expunction, or removal; notice.
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Written notice of any amendment, expunction, or removal of any record in the central registry of child protection cases maintained pursuant to section 28-718 shall be served upon the subject of the report of child abuse or neglect. The department shall inform any other individual…
Neb. Rev. Stat. § 28-725 Information, report; confidential; violation; penalty.
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All information of the department concerning reports of child abuse or neglect of noninstitutional children, including information in the tracking system of child protection cases maintained pursuant to section 28-715 or records in the central registry of child protection cases m…
Neb. Rev. Stat. § 28-726 Information; access.
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Except as provided in this section and sections 28-722 and 81-3126, no person, official, or agency shall have access to information in the tracking system of child protection cases maintained pursuant to section 28-715 or in records in the central registry of child protection cas…
Neb. Rev. Stat. § 28-727 Report; person making; receive summary of findings and actions; when.
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Upon request, a physician or the person in charge of an institution, school, facility, or agency making a legally mandated report of child abuse or neglect pursuant to section 28-711 shall receive a summary of the findings of and actions taken by the department in response to his…
Neb. Rev. Stat. § 28-728 Legislative findings and intent; child abuse and neglect investigation team; child advocacy center; child abuse and neglect treatment team; powers and duties.
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(1) The Legislature finds that child abuse and neglect are community problems requiring a coordinated response by law enforcement, child advocacy centers, prosecutors, the Department of Health and Human Services, and other agencies or entities designed to protect children. It is …
Neb. Rev. Stat. § 28-729 Teams; members; training; child advocacy center; duties; meetings.
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(1) A child abuse and neglect investigation team shall include a representative from the county attorney's office, a representative from the Division of Children and Family Services of the Department of Health and Human Services, a representative from each law enforcement agency …
Neb. Rev. Stat. § 28-730 Records and information; access; disclosure; limitation; review of cases; immunity; violation; penalty; video recording of forensic interviews; maintain; release or use; prohibited; exceptions.
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(1) Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, as amended, juvenile court records and any other pertinent information that may be in the possession of school districts, law enforc…
Neb. Rev. Stat. § 28-731 Teams; exempt from Open Meetings Act.
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The teams established by sections 28-728 to 28-730 shall not be considered a public body for purposes of the Open Meetings Act.
Repealed. Laws 2012, LB 993, § 4.
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[Repealed or reserved.]
Repealed. Laws 2012, LB 993, § 4.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 782, § 5.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 782, § 5.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 782, § 5.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 782, § 5.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 782, § 5.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 782, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-801 Prostitution; penalty; affirmative defense; immunity from prosecution; law enforcement officer; duties.
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(1) Except as provided in subsection (5) of this section, any person who performs, offers, or agrees to perform any act of sexual contact or sexual penetration, as those terms are defined in section 28-318, with any person not his or her spouse, in exchange for money or other thi…
Neb. Rev. Stat. § 28-801.01 Solicitation of prostitution; penalty; affirmative defense.
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(1) Any person who solicits another person not his or her spouse to perform any act of sexual contact or sexual penetration, as those terms are defined in section 28-318, in exchange for money or other thing of value, commits solicitation of prostitution. (2) Any person convicted…
Neb. Rev. Stat. § 28-802 Pandering; penalty.
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(1) A person commits pandering if such person: (a) Entices another person to become a prostitute; (b) Procures or harbors therein an inmate for a house of prostitution or for any place where prostitution is practiced or allowed; (c) Inveigles, entices, persuades, encourages, or p…