If you were recently charged with a sex offense in Nebraska, you are undoubtedly worried about the outcome of your case.
Because you have been charged with a sex offense, however, there is a heightened level of concern because of the potential to be required to register as a sex offender if convicted.
The requirements are complex, however, an Omaha sex offense defense attorney at Petersen Law Office explains the basic omaha nebraska sex offender registry requirements.
Why Does the Registry Exist?
According to the Nebraska Sex Offender Registry:
“Nebraska State Statute 29-4002 declares that sex offenders present a high risk to commit repeat offenses and that efforts of law enforcement agencies to protect their communities, conduct investigations, and quickly apprehend sex offenders are impaired by the lack of available information about individuals who have pleaded guilty to or have been found guilty of sex offenses and who live in their jurisdiction. Because of that, the legislature determined that state policy should assist efforts of local law enforcement agencies to protect their communities by requiring sex offenders to register with local law enforcement agencies as provided by the Sex Offender Registration Act.”
The Sex Offender Registry is maintained by the Nebraska State Patrol, Sex Offender Registry Division of Investigative Services.
What Offenses May Require You to Register As A Sex Offender?
It can be very easy to violate the registry requirements because exactly which offenses require registration depends on when you were convicted.
It may also depend on whether the sentencing judge ordered you to register. This is one of the many reasons why you should always consult with an experienced Nebraska criminal defense attorney to be certain of your requirements under the sex offender registration rules. As a general rule, the registration requirements are as follows:
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 Has To Register As a Sex Offender?
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.
Contact an Omaha Sex Offense Defense Attorney at Petersen Law Office
If you have been charged with a sex offense in Nebraska, consult with an experienced Omaha sex crimes attorney as soon as possible to make sure that you understand the potential registration requirements that may apply to that offense if you are convicted.
In Nebraska contact Petersen Criminal Defense Law to discuss your case.
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