272 Neb. Admin. Code, ch. 19, § 003

Current through June 17, 2024

Section 272-19-003 - APPLICABILITY

003.01 The registration requirement applies to any person who on or after January 1,1997 has ever pleaded guilty or nolo contendere to, or been found guilty of any of the following offenses (referred to elsewhere as "listed offenses") or has ever pleaded guilty or nolo contendere to, or been found guilty of any offense that is substantially equivalent to any of the listed offenses by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under Neb Rev Stat § 29-2264 or any other substantially equivalent procedure to nullify a conviction other than by pardon :

003.01A Kidnapping pursuant to Neb. Rev. Stat. § 28-313 when the victim is a minor, except when the person is the parent of the minor and was not convicted of any of the below listed offenses;

003.01B False imprisonment pursuant to Neb. Rev. Stat. § 28-314 or Neb. Rev. Stat. § 28-315 when the victim is a minor;

003.01C Sexual assault in the first, second or third degree pursuant to Neb. Rev. Stat. § 28-319 or Neb. Rev. Stat. § 28-320;

003.01D Sexual assault of a child in the first, second or third degree pursuant to Neb. Rev. Stat. § 28-319.01 or Neb. Rev. Stat § 28320.01;

003.01E Sexual abuse of a vulnerable adult pursuant to Neb. Rev. Stat. § 28-386(1)(c);

003.01F Incest of a minor pursuant to Neb. Rev. Stat. § 28-703;

003.01G Pandering pursuant to Neb. Rev. Stat. § 28-802 when the victim is a minor.

003.01H Visual depiction of sexually explicit conduct of a child pursuant to Neb. Rev. Stat. § 28-1463.03 or Neb. Rev. Stat. § 28-1463.05;

003.01I Knowingly possessing any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers pursuant to Neb. Rev. Stat. § 28-813.01;

003.01J Criminal child enticement pursuant to Neb. Rev. Stat. § 28-311

003.01K Child enticement by means of an electronic communication device pursuant to Neb. Rev. Stat. § 28-320.02;

003.01L Debauching a Minor pursuant to Neb. Rev. Stat. § 28-805;

003.01M Attempt, solicitation, aiding or abetting, being an accessory or conspiracy to commit an offense listed in subdivisions 003.01(A) - (L) of this section.

003.01.1 In addition to the registrable offenses listed in 3.01(A)-(M) of this section, the sex offender registration act applies to any person who on or after January 1, 2010 pleads guilty to, pleads nolo contendere to, or has been found guilty of any of the following crimes ( 003.01(N)-(Z)) or has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to the listed offenses.

003.01.2 Sections 003.01(N)-(S) require that a court will have found evidence of sexual penetration or sexual contact, as those terms are defined in Neb. Rev. Stat. § 28-318, based upon information present in the record, which will include consideration of the factual basis for a plea-based conviction and information contained in the presentence report;

003.01N Murder in the first degree or second degree pursuant to Neb. Rev. Stat. § 28-303 or Neb. Rev. Stat. § 28-304;

003.01O Manslaughter pursuant to Neb. Rev. Stat. 28-305;

003.01P Assault in the first, second or third degree pursuant to Neb. Rev. Stat. § 28-308, or Neb. Rev. Stat. § 28-309, or Neb. Rev. Stat. § 28-310;

003.01Q Stalking pursuant to Neb. Rev. Stat. § 28-311.03;

003.01R Kidnapping pursuant to Neb. Rev. Stat. § 28-313;

003.01S False imprisonment pursuant to Neb. Rev. Stat. § 28-314 or Neb. Rev. § Stat 28-315;

003.01T Violation of Neb. Rev. Stat. § 28-311.08, Unlawful Intrusion, requiring registration under the act pursuant to subsection (6);

003.01U Sexual abuse of an inmate or parolee in the first degree or second degree pursuant to Neb. Rev. Stat. § 28-322.02 or Neb. Rev. Stat. § 28-322.03;

003.01V Sexual abuse of a protected individual pursuant to Neb. Rev. Stat. § 28-322.04;

003.01W Incest pursuant to Neb. Rev. Stat. § 28-703;

003.01X Child abuse pursuant to Neb. Rev. Stat. § 28-707(1) (d) or (1)(e);

003.01Y Enticement by electronic communication device pursuant to Neb. Rev. Stat. § 28-833;

003.01Z Attempt, solicitation, aiding or abetting, being an accessory or conspiracy to commit an offense listed in subdivisions 003.01(N) through 003.01(Y) of this section.

003.02 The registration requirement applies to any person who lives in the State of Nebraska or who is employed, carries on a vocation, or attends school in the State of Nebraska and who:

003.02A Pleads guilty to or nolo contendere or is found guilty of one of the listed offenses in Section 3.01 on or after January 1, 1997 for section 003.01(A)-(M). Pleads guilty to or nolo contendere or is found guilty of one of the listed offenses in Section 3.01 on or after January 1, 2010 for section 003.01(N)-(Z);

003.02B Was incarcerated in a jail or other penal facility on or after January 1, 1997 as a result of pleading guilty, nolo contendere or being found guilty of one of the listed offenses in section 003.01(A)-(M);

003.02C Was incarcerated in a public or private institution on or after January 1, 1997 as a result of pleading guilty to, nolo contendere or being found guilty of one of the listed offenses in section 003.01(A)-(M) prior to January 1, 1997;

003.02D Was on probation or parole on or after January 1, 1997 as a result of pleading guilty to, nolo contendere or being found guilty of one of the listed offenses in section 003.01(A)-(M) prior to January 1, 1997;

003.02E Enters the state of Nebraska having, on or after January 1, 1997, pleaded guilty, nolo contendere or been found guilty of any offense in any village, town, city, state, territory, commonwealth or other jurisdiction of the United States, by the United States Government, or by court-martial or other military tribunal, or by a foreign jurisdiction that is substantially equivalent to the listed offenses in section 003.01(A)-(M), or on or after January 1, 2010 for the listed offenses in section 003.01(N)-(Z), notwithstanding a set-aside or procedure substantially similar in effect to that described in Neb. Rev. Stat. § 29-2264 or any other procedure to nullify a conviction other than by pardon;

003.02F Enters the state and is required to register as a sex offender for any reason and at any age, under the laws of another state, territory, commonwealth or other jurisdiction of the United States or Foreign Country; or

003.02G Enters the state of Nebraska having been registered at any time as a "sexually violent offender" or "sexually violent predator" or the substantial equivalent in another state, territory, commonwealth or other jurisdiction of the United States or Foreign Country.

003.03 A person will be considered incarcerated on or after January 1, 1997 even though he or she may not be physically present in the incarcerating facility due to a temporary furlough, community furlough, house arrest or administrative leave.

003.04 A juvenile who was adjudicated of a sex crime, is not required to register unless he or she enters this state and is required to register as a sex offender by the sentencing state, territory, commonwealth or other jurisdiction of the United States or Foreign Country or, is tried as an adult in this state and either pleaded guilty or nolo contendere or is found guilty of a registerable offense in this state. An adjudication of delinquency is not the same as a conviction in adult court even though the conduct on which the adjudication is based would have required registration if the person was tried as an adult in Nebraska.

003.05 The registration requirement does not apply to a person who:

003.05A Is convicted of any offense other than those listed above or the substantial equivalent.

003.05B Is convicted in Nebraska before January 1, 1997 but is not in any penal facility or jail, public or private institution, or on probation or parole for such offense on January 1, 1997 for the crimes listed in 003.01(A)-(M); or is convicted in Nebraska before January 1, 2010 for the crimes listed in 003.01(N)-(Z).

003.05C Is a juvenile adjudicated "delinquent" or "in need of special supervision" by the juvenile courts in the state of Nebraska;

003.05D Is found Not Guilty by Reason of Insanity, is acquitted, or is placed in pre-trial diversion (without a guilty plea or finding of guilt) for any of the listed offenses.

003.05E Has received a full pardon for the offense(s) which would otherwise require registration. A person receiving a set-aside for a conviction requiring registration is still required to register.

003.06 A person appealing a conviction requiring registration is required to register and comply with all provisions of the law during the appeals process.

003.07 Any person to whom the Sex Offender Registration Act applies will be required to register during any period of incarceration, supervised release, probation or parole and then continue to register for the full registration period as stated below following discharge from incarceration, supervised release, probation or parole, whichever date is most recent. The registration period is;

003.07A15 YEARS, for a person who was convicted of a registrable offense under Neb. Rev. Stat § 29-4003 not punishable by imprisonment for more than one (1) year. One (1) year of imprisonment does not refer to the actual sentence received but instead the sentence that may be imposed by statute.

003.07B25 YEARS, for a person who was convicted of a registrable offense under Neb. Rev. Stat § 29-4003, punishable by imprisonment for more than one (1) year. More than one (1) year of imprisonment does not refer to the actual sentence but instead the sentence that may be imposed by statute.

003.07CLIFE, for a person who was convicted of a registrable offense under Neb. Rev. Stat § 29-4003, punishable by imprisonment for more than one (1) year. More than one (1) year of imprisonment does not refer to the actual sentence but instead the sentence that may be imposed by statute) and was convicted of an aggravated offense or has had a prior sex offense conviction or has been determined to be a lifetime registrant in another state, territory, commonwealth, or other jurisdiction of the United States Government, by court-martial, or other military tribunal, or by a foreign jurisdiction. The agency will follow a judicial finding of "aggravated offense."

003.08 A sex offender who is required to register for fifteen (15) years may request a reduction in the registration period to ten (10) years upon completion of ten (10) years of compliance with the registration requirements after the date of discharge from probation, parole, supervised release, or incarceration, whichever date occurred most recently. Any time a person who is required to register under the act knowingly or willfully fails to comply with such registration requirement shall not be counted as completed registration time and shall be used to recalculate the ten year registration period.

003.09 Procedures for requests of reduction of registration duration and requests for hearings are outlined in Section 005 and 006.

003.10 A person entering the state of Nebraska having previously been registered under a lifetime registration in another state, territory, commonwealth, or other jurisdiction of the United States or meeting the criteria for lifetime registration in this state by having two (2) or more convictions for a registerable offense or the substantial equivalent of a registerable offense or, having been convicted of an aggravated offense or the substantial equivalent of an aggravated offense, will be required to register for the remainder of their life.

003.11 A person required to register only because they are employed, carrying on a vocation, or attending school in the state of Nebraska will be required to register with the Sheriff of the county in which they work or attend school and will likely be required to register in the out-of-state location in which they reside depending on the laws of the state of residence. This requirement for nonresident workers and nonresident students applies to all types of employment and all schools and should not be confused with the similar but distinct requirements applying to postsecondary educational institutions which are set forth in section 011 of these regulations. The requirements for reporting changes of information found in section 010 of these regulations apply to all changes of information and not just changes of information for postsecondary educational institutions.

003.12 Any time period where a person is required to register under the Act and knowingly or willfully fails to comply with such registration requirement, SHALL NOT have the period of noncompliance counted as completed registration time and such period of noncompliance will be tolled resulting in recalculation of the registration period. The recalculation will be completed by the Nebraska State Patrol.

272 Neb. Admin. Code, ch. 19, § 003

Amended effective 3/23/2020

Amended effective 7/4/2021