BA1040
Being charged with any criminal offense can certainly wreak havoc on the life of the accused; however, being accused of a sex offense can be particularly damaging to the family, business, and social life of an accused. If you are ultimately convicted of the charges against you, the judicial and non-judicial penalties can be severe. Along with facing a lengthy term of incarceration, the taint of being labeled a sex offender can follow you for the rest of your life given the sex offender registration requirements. Because the obligation to register is often overlooked or misunderstood, an Omaha sex crime lawyer has offered to explain the Nebraska sex offender registration requirements.
Who Maintains the Sex Offender Registry?
The Nebraska Sex Offender Registry is governed by Nebraska Statutes Section §29-4001 through section §29-4013 and is maintained by the Nebraska State Patrol, Sex Offender Registry Division of Investigative Services.
What Offenses Trigger the Registration Requirement?
This is where it can become a bit confusing because whether or not the conviction of a specific offense requires you register as a sex offender may depend on when you were convicted and/or whether the sentencing judge ordered you to register. You should always consult with an experienced Nebraska criminal defense attorney to be certain of your requirements under the sex offender registration rules. The following, however, are the general registration requirements:
If convicted of any of the following offenses, at any time, you are required to register:
- Non-parental Kidnapping of a Minor, §28-313
- False Imprisonment of a Minor, §28-314 or §28-315
- Sexual Assault, §28-319 or §28-320 (1st, 2nd, or 3rd degree)
- Sexual Assault of a Child, Second or Third Degree §28-320.01
- Sexual Assault of a Child, First Degree, §28-319.01
- Sexual Abuse of a Vulnerable Adult, §28-386(1)(c)
- Incest of a Minor, §28-703
- Pandering of a Minor, §28-802
- Debauching a Minor §28-805
- Visual Depiction of Sexually Explicit Conduct of a Child, §28-1463.03 or §28-1463.05
- Sexually Explicit Conduct; visual depiction, §28-813.01
- Criminal Child Enticement, §28-311
- Child Enticement by means of a computer, §28-320.02
- Attempt, solicitation, aiding or abetting, being an accessory, or Conspiracy to Commit the above crimes.
If convicted of any of the following offenses on or after January 1, 2010, you are required to register:
- Unlawful intrusion on a minor §28-311.08
- Sexual Abuse of an inmate or parolee in the first degree §28-322.02
- Sexual Abuse of an inmate or parolee in the second degree §28-322.03
- Sexual Abuse of a protected individual §28-322.04
- Incest (victim of any age) §28-703
- Child Abuse pursuant to subdivision (1)(d) or (e) of section §28-707
- Enticement by electronic communication device §28-833
- Attempt, solicitation, aiding or abetting, being an accessory, or Conspiracy to Commit the above crimes.
If convicted of any of the following offenses on or after January 1, 2010, and you were ordered by a judge to register, you are required to register as a sex offender:
- Murder in the first degree §28-303
- Murder in the second degree §28-304
- Manslaughter §28-305
- Assault in the first degree §28-308
- Assault in the second degree §28-309
- Assault in the third degree §28-310
- Stalking §28-311.03
- Kidnapping (victim of any age) §28-313
- False imprisonment (victim of any age) §28-314 or §28-315
Who Is Required to Register as a Sex Offender?
The following registration requirements explain who is required to register as a sex offender. Anyone who:
- Pleads guilty to or is found guilty of any crime(s) requiring registration
- Is incarcerated in a jail, a penal or correctional facility, or any other public or private institution as a result of pleading guilty to or being found guilty of a registrable offense prior to January 1, 1997
- Is under probation or parole as a result of pleading guilty to or being found guilty of a registrable offense prior to January 1, 1997
- Has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to a registrable offense by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United State Government, by court-martial or other military tribunal, or by a foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under section or any other procedure to nullify a conviction other than by pardon
- Enters the state and is required to register as a sex offender under the laws of another village, town, city, state, territory, commonwealth, or other jurisdiction of the United States
- Is required to register but may not live in Nebraska but is employed, carries on a vocation, or attends school in Nebraska.
Where people most often run afoul of the registration requirements is when they operate under the assumption that they must be a resident of Nebraska and they must have been convicted in Nebraska to be required to register. As you can see, that is not the case. You could be required to register if you were sentenced in another state and/or if you live in another state but frequently spend time in Nebraska. Because the penalties for violating the registration requirements include the potential for a return to jail or prison, consult with an experienced sex crime lawyer to be sure you understand whether you are required to register or not.
Contact an Omaha Sex Crime Lawyer at Petersen Law Office
If you have been charged with a sex crime in the State of Nebraska, consult with an experienced Nebraska criminal attorney as soon as possible to ensure that your rights are protected. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
Loading...