Is Unlawful Intrusion A Registerable Sex Offense?

Citizens are protected against unreasonable intrusion against one’s consent. Depending on the nature of the intrusion, it could also lead to the defendant having to file as a registered sex offender. Because being charged with any criminal offense can wreak havoc on the life of the accused, it is important to contact an experienced sex crime attorney to explain why the intrusion may lead to the filing.

What defines unlawful intrusion?

Unlawful Intrusion is defined under Nebraska Revised Statute 28-311.08 as “to knowingly intrude upon any other person without his or her consent or knowledge in a place of solitude or seclusion” or “to knowingly photograph, film, record, or live broadcast an image of the intimate area of any other person without his or her knowledge and consent when his or her intimate area would not be generally visible to the public regardless of whether such other person is located in a public or private place.”

Intrusion is defined in the statute as the “viewing of another person in a state of undress as it is occurring; or recording by video, photographic, digital, or other electronic means of another person in a state of undress”. This statute deals with issues such as “peeping Toms” or one party taking sexually explicit pictures or videos without the exposed party’s consent.

Determining registration

If a defendant pleads guilty to unlawful intrusion, the court will look at the facts of the case to determine if the defendant should be required to register as a sex offender under the Sexual Offense Registration Act (SORA). If the defendant was over the age of 19 and the victim was under the age of 18 at the time of the offense, the defendant will be required to register with the sex offender registry (Nebraska Revised Statute 28-311.08(5)). However, the parties can agree to a factual basis where the ages do not constitute a registerable SORA offense.

If a person is convicted of unlawful intrusion, the court will deliver a sentence based on the factual basis of the case. Often, in plea agreement negotiations, the defense and prosecution will bargain over specific facts to be used at sentencing. The facts the parties agree to include or exclude through plea negotiations can greatly affect a defendant’s sentence. For example, in unlawful intrusion cases, the factual basis determines whether the defendant is required to register under SORA.

In some unlawful intrusion cases, the conduct has gone on for a period that includes the birthday of either the actor and/or the victim.   Prosecutors and defendants can agree to a date of the offense as part of a plea agreement. Once an agreement is reached, the agreed upon facts will be presented to the court during the entry of plea hearing.  At sentencing, the judge is required to make a factual finding regarding the respective ages of the actor and victim and will do so based on the date of the offense.

Misdemeanor or felony?

Unlawful Intrusion is a Class I misdemeanor under Neb. Revised Statute 28-311.08. Subsequent violations under 28-311.08 will be charged as felonies. Under section (4)(c) of 28-311.08, if the lewd video or picture is distributed to another person or otherwise made public, the charge will become a Class IIA felony.

As with many criminal charges, unlawful intrusion cases can be complicated and require a skilled attorney.  If you or a loved one has been accused of unlawful intrusion contact one of our experienced criminal defense attorneys at Berry Law.

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