78 Neb. Admin. Code, ch. 5, § 006

Current through June 17, 2024
Section 78-5-006 - Offenses to be Reported

The Federal Bureau of Investigation's National Uniform Crime Reporting Program establishes standard definitions of crime and divides crimes into two categories, Part I Offenses and Part II Offenses.

006.01 Part I Offenses

Law enforcement agencies shall submit crime statistics on the following offenses and resulting arrests as defined herein for the purpose of this regulation:

006.01A Homicide
006.01A1 Murder, Manslaughter - the willful killing of one human being by another.
006.01A2 Death by Negligence - the killing of another person through the gross negligence of another person.
006.01B Forcible Rape

The carnal knowledge of a female forcibly and against her will.

006.01C Robbery

The felonious and forcible taking of the property of another against his will, by violence or by putting him in fear.

006.01D Felony Assault

An attempt or offer, with unlawful force or violence, to do physical injury to another.

006.01E Burglary

An unlawful entry or attempted forcible entry of a structure to commit a felony or a theft.

006.01F Larceny-Theft

The unlawful taking of the property of another with intent to deprive him of ownership.

006.01G Motor Vehicle Theft

The theft or attempted theft of a motor vehicle.

006.01H Arson

Include all violations of State laws and local ordinances relating to arson and attempted arson. Include any willful or malicious burning or attempts to burn, with or without intent to defraud, a dwelling house, church, college, jail, meeting house, public building or any other building, ship or other vessel, motor vehicle or aircraft, contents of buildings, personal property of another, goods or chattels, crops, trees, fences, gates, grain, vegetable products, lumber, woods, cranberry bogs, marshes, meadows, etc.

006.02 Part II Offenses

Law enforcement agencies shall submit the number of arrests for the following offenses as defined herein for the purpose of this regulation:

006.02A Misdemeanor Assault

Assaults and attempted assaults which are simple or minor in nature. Include simple assault, assault and battery, injury by culpable negligence, resisting or obstructing an officer, intimidation, coercion, hazing, and attempts to commit these offenses.

006.02B Forgery and Counterfeiting

All offenses dealing with the making, altering, uttering or possessing, with intent to defraud, anything false in the semblance of that which is true. Include altering or forging public or other records; making, altering, forging, or counterfeiting bills, notes, drafts, tickets, checks, credit cards, etc.; forging wills, deeds, notes, bonds, seals, trademarks, etc.; counterfeiting coins, plates, banknotes, checks, etc.; possessing or uttering forged or counterfeited instruments; erasures; signing the name of another or fictitious person with intent to defraud; using forged labels; possession, manufacture, etc., of counterfeited apparatus; selling goods with altered, forged, or counterfeited trademarks; and all attempts to commit any of these offenses.

006.02C Fraud

Fraudulent conversion and obtaining money or property by false pretenses. Includes bad checks, confidence games, etc., except forgeries and counterfeiting. Includes theft by deception and theft of services.

006.02D Embezzlement

Misappropriation or misapplication of money or property entrusted to one's care, custody or control.

006.02E Stolen Property: Buying, Receiving, Possessing

Include in this class all offenses of buying, receiving, and possessing stolen property, as well as all attempts to commit any of these offenses.

006.02F Vandalism

Vandalism consists of the willful or malicious destruction, injury, disfigurement, or defacement of any public or private property, real or personal, without consent of the owner or person having custody or control, by cutting, tearing, breaking marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. This offense covers a wide range of malicious behavior directed at property such as cutting auto tires, drawing obscene pictures on public restroom walls, smashing windows, destroying school records, tipping over gravestones, defacing library books, etc.

006.02G Weapons: Carrying, Possessing, etc.

Includes violations of weapons laws such as manufacture, sale or possession of deadly weapons; carrying deadly weapons; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the above.

006.02H Prostitution and Commercialized Vice

Includes the sex offenses of a commercialized nature such as prostitution; keeping a bawdy house, disorderly house or house of ill repute, pandering, transporting or detaining women for immoral purposes, etc., and all attempts to commit any of the above.

006.02I Sex Offenses

Includes all sex offenses other than forcible rape, prostitution and commercialized vice. Encompasses offenses against chastity, common decency, morals and the like, such as adultery and fornication, buggery, incest, indecent exposure, sodomy, carnal abuse (no force) and all attempts to commit any of these offenses.

006.02J Drug Abuse Violations

Includes all arrests for violations of state and local ordinances, divided into sale/manufacturing and possession. Four types of drugs are recognized: Opium, cocaine and their derivatives; marijuana; synthetic narcotics; and non-narcotic drugs. The growing of marijuana would be considered sale/manufacturing of marijuana.

006.02K Gambling

Includes all charges relating to promoting, permitting or engaging in gambling. This classification is divided into three divisions : bookmaking (horse and sports books); numbers and lottery; and all other gambling.

006.02L Offenses Against Family and Children

Includes all charges of nonsupport and neglect or abuse of family and children, such as desertion, abandonment, or nonsupport of wife or child; neglect or abuse of child (if injury is serious, score as felony assault); nonpayment of alimony; and all attempts to commit any of these offenses.

006.02M Driving Under the Influence

Limited to driving or operating any vehicle while drunk or under the influence of liquor or narcotic drugs.

006.02N Liquor Laws

All state or local liquor law violations are placed here. Include manufacturing, selling, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; advertising and soliciting orders for intoxicating liquor; bootlegging; operating still; furnishing liquor to a minor or intemperate person; using a vehicle or illegal transportation of liquor; drinking on train or public conveyance; and any attempts to commit any of these offenses.

006.02O Disorderly Conduct - Disturbing the Peace

Include all charges of committing a breach of the peace. Include affray, unlawful assembly, disturbing the peace, disturbing meetings, disorderly conduct in State institutions, at court, at fairs, on trains, or public conveyances, etc.; prize fights; blasphemy, profanity, and obscene language, desecrating the flag; refusing to assist an officer; and any attempts to commit any of these offenses.

006.02P Vagrancy

Include persons prosecuted on the charge of being a "suspicious character or person, etc." Include vagrancy, begging, loitering (age 18 and over) and vagabondage.

006.02Q All Other Offenses

Include all violations of state and local laws not otherwise classified in offenses 006.01 and 006.02.

006.02R Suspicion

While "suspicion" is not an offense, it is the ground for many arrests in those jurisdictions where the law permits. After examination by the police, the prisoner is either formally charged or released. Those formally charged are entered in one of the Part I or Part II offense classifications. This classification is limited to "suspicion" arrests where persons arrested are released by the law enforcement agency.

006.02S Curfew and Loitering Laws (Juveniles)

All arrests for violations of local curfew or loitering ordinances.

006.02T Runaways (Juveniles)

For purposes of the Uniform Crime Reporting program, report in this category apprehensions for protective custody as defined by your local statues. Count arrests made by other jurisdictions of runaways from your reporting jurisdiction. Do not include protective custody actions with respect to runaways you take for other jurisdictions.

78 Neb. Admin. Code, ch. 5, § 006