Parents are allowed by law to interact with and discipline their children as they see fit as long as they don’t harm the child. Others who stand in for parents (in loco parentis—teachers, childcare providers, camp counselors, etc.) also are allowed by law to interact with children physically and verbally for the sake of the children’s well-being. However, when a child is placed in harm—emotionally, physically, or sexually, the state may charge you with child abuse.
Any accusation related to crimes of child abuse, neglect, or sexual abuse are serious matters, and it’s important to consult a child abuse defense attorney to ensure your rights are protected.
Defining Child Abuse & Neglect
Federal and state laws define child abuse differently; depending on the circumstances, a person can be charged for the crime under either state or federal laws.
Federal Child Abuse Laws
The Federal Child Abuse Prevention and Treatment Act (CAPTA Reauthorization Act of 2010 (P.L. 111-320), 42 U.S.C. § 5101, Note (§ 3)) defines child abuse as:
- 1) “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical, emotional harm, sexual abuse or exploitation“; or
- 2) “An act or failure to act presents an imminent risk of serious harm.” The law applies to criminal actions against minors (younger than 18 and not emancipated).
The U.S. Department of Justice shares more information on federal law and child sexual abuse with their Citizens Guide to U.S. Law on Child Sexual Abuse. Child sexual abuse, sex trafficking of minors, and child pornography are primarily governed by federal laws titled Sexual Exploitation of Children and the Selling and Buying of Children, among other related laws.
For more information about federal law related to child pornography, see the U.S. Department of Justice’s Citizens Guide to U.S. Law on Child Pornography.
Nebraska Child Abuse Laws
In Nebraska, child abuse is defined by a series of Nebraska Revised Statutes governing different crimes, including child sexual abuse.
Under Nebraska Revised Statute § 28–707(1), “A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be:
- Placed in a situation that endangers his or her life or physical or mental health;
- Cruelly confined or cruelly punished;
- Deprived of necessary food, clothing, shelter, or care;
- Placed in a situation to be sexually exploited through sex trafficking of a minor as defined in section 28-830 or by allowing, encouraging, or forcing such minor child to engage in debauchery, public indecency, or obscene or pornographic photography, films, or depictions;
- Placed in a situation to be sexually abused as defined in section 28-319, 28-319.01, or 28-320.01; or
- Placed in a situation to be a trafficking victim as defined in section 28-830.
- Other laws require mandatory reporting by anyone who has cause to believe a child has been subjected to child abuse or neglect, with a special law requiring a report when anyone is responsible for the abuse or neglect of a child.
Those found guilty of a child abuse-related crime may have their names recorded in the Nebraska Abuse and Neglect Central Registry, a database of records of persons who the courts or the Nebraska Department of Health and Human Services find are responsible for abuse and neglect of a child. In some cases, a person can be placed on the Central Registry without a criminal conviction for child abuse.
Children Cannot Consent
Both Nebraska and federal laws state that children are not capable of consenting to sexual activity with an adult, regardless of the child’s intent or actions.
The issue of consent may arise when an minor, under the age of 16, consents to sexual activity with someone older. Sexual activity with an older child can still result in charges of “statutory rape” charges. For example, a 19 year old may engage in consensual sexual activity with another person thought to be 18 years old, but who is actually 15 years old. Under Nebraska law, the 19 year old is guilty of sex assault even though the partner was believed to be of age.
Penalties for Child Abuse and Neglect in Nebraska
Juvenile and adult criminal courts may seek punishment for child abuse. Whether or not the parent behaved carelessly or intentionally and whether or not the kid suffered physical injury or death are all factors in determining whether the offense is treated as a misdemeanor or felony.
- Class I Misdemeanor: Child abuse is a Class I misdemeanor if the offense is committed negligently and does not result in serious bodily injury or death.
- Class IIIA Felony: Child abuse is a Class IIIA felony if the offense is committed knowingly and intentionally and does not result in serious bodily injury or death or if the offense is committed negligently and results in serious bodily injury.
- Class IIA Felony: Child abuse is a Class IIA felony if the offense is committed negligently and results in the death of such child.
- Class II Felony: Child abuse is a Class II felony if the offense is committed knowingly and intentionally and results in serious bodily injury.
- Class IB Felony: Child abuse is a Class IB felony if the offense is committed knowingly and intentionally and results in the death of such child.
- In the case of a conviction, the possible outcomes are devastating and may even include prison time.
Consult Berry Law for Legal Representation in Child Abuse Case
Remember, an accused person has the right to remain silent and consult an attorney. If you or someone you know is facing allegations of child abuse, child sexual assault, or child pornography, you should call Berry Law’s experienced attorneys.
