Nebraska’s Sex Offender Registration Act Overview
At Berry Law: Criminal Defense and Personal Injury Lawyers, we receive a large number of calls every week related to the Nebraska Sex Offender Registration Act. Individuals contact us with a variety of questions related to the act. This article will give a general overview of the Nebraska Sex Offender Registration Act, and explain what offenses require registration, the registration time period, and whether or not you can request a reduction to the number of years you must register as a sex offender.
Offenses that Require Sex Offender Registration in Nebraska
Nebraska’s Sex Offender Registration Act applies to people who committed and were found guilty of the following crimes in Nebraska from 1997 onward:
- 28-313 – Kidnapping of a minor, except if you are the parent of the minor and you were not convicted of any other offense
- 28-314or 28-315 – False imprisonment of a minor
- 28-319or 28-320 – Sexual assault
- 28-316.01 – Sexual abuse by a school employee
- 28-320.01 – Second or third degree sexual assault
- 28-319.01 – First degree sexual assault of a child
- 28-386 – Sexual assault of a vulnerable adult
- 28-703 – Incest of a minor
- 28-802 – Pandering of a minor
- 28-1463.03or 28-1463.05 – Visual depiction of sexually explicit conduct of a child
- 28-813.01 – Possession of visual depiction of sexually explicit conduct of a child
- 28-311 – Child enticement
- 28-320.02 – Child enticement by means of electronic communication
- 28-805 – Debauching a minor
- Attempt, solicitation, aiding or abetting, being an accessory, or conspiracy to commit an offense listed above
Additionally, offenders who were convicted of the “substantial equivalent” of the above crimes listed above also have to register under Nebraska’s Sex Offender Registration Act.
Convictions for other crimes may require registration, but only if the sentencing judge made a finding that “evidence of sexual penetration or sexual contact, as those terms are defined in section 28-318, was present in the record.” These crimes include:
- 28-303 – Murder in the first degree
- 28-304 – Murder in the second degree
- 28-305 – Manslaughter
- 28-308 – First degree assault
- 28-309 – Second degree assault
- 28-310 – Third degree assault
- 28-311.03 – Stalking
- 28-311.08– Requiring registration under the act pursuant to subsection (6) of section 28-311.08
- 28-313 – Kidnapping
- 28-314or 28-315 – False imprisonment
- 28-322.02 – First degree sexual abuse of an inmate or parolee
- 28-322.03 – Second degree sexual abuse of an inmate or parolee
- 28-322.04 – Sexual abuse of a protected individual
- 28-703 – Incest
- 28-707 – Child abuse
- 28-833 – Enticement by electronic communication
- Attempt, solicitation, aiding or abetting, being an accessory, or conspiracy to commit an offense listed above.
Additionally, during the pendency of an appeal, an offender must comply with the requirements of the registration act.
Sex Offender Registration Time Periods
Nebraska’s Sex Offender Registration Act features three different registration time periods that differ based on the severity of the crime for which the offender was convicted.
- Registration for Life
- 25 Year Registration
- 15 Year Registration
Registration for Life
The first registration period is for “subsequent” offenders (those who had already been convicted of a previous sex offense at the time they were convicted of a new felony registrable offense). Offenders in which the sentencing judge in a felony case found that their offense was “aggravated,” and those offenders who moved to Nebraska after having been ordered to serve for lifetime on the registry in the state they were convicted in will fall into this category and are required to register for life in Nebraska.
25 Year Registration
The second registration period is reserved for:
- Felony offenses in which the offender has not previously been convicted of a registrable offense
- Offenses committed in Nebraska in which the sentencing court did not decide that the offense was aggravated
- Offenses committed out of state in which the offender was not ordered to register for life
In other words, felony offenders who were ordered to register for the first time, were not deemed to have committed an aggravated offense, and those who were convicted of a felony offense in another state that is “the substantial equivalent” of a registrable offense in Nebraska are required to register for 25 years.
15 Year Registration
The third registration period applies to those offenders who were convicted of registrable offenses that are misdemeanors, or, in other words, crimes that are punishable one year or less of incarceration. These offenders are required to register for 15 years under Nebraska law.
Requesting a Reduction to Your 15 Year Registration
However, any offender who is required to register for 15 years may request a reduction in the registration period to 10 years after completing 10 years on the registry. The ten-year “clock” that applies in this situation starts to run at the date of discharge from probation, parole, supervised release, or incarceration (whichever date is the most recent).
To request this reduction from 15 to 10 years, the offender shall make the request in the Nebraska State Patrol, providing proof that during the registration period he or she:
- Was not convicted of any offense for which imprisonment for more than one year could have been imposed
- Was not convicted of any sex offense
- Successfully completed any period of probation, parole, supervised release, or incarceration
- Successfully completed an appropriate sex offender treatment program
There is information on the Nebraska State Patrol’s website regarding an offender’s ability to request this reduction. However, it may be necessary to secure the services of an attorney to accomplish this reduction.
Sex Offender Registration and Pardons
You should also note that any offender who secures a pardon from the Governor in the state where their offense occurred is freed of the registration requirements, but pardons are granted rarely. It is even more rare to get a pardon for a sex offense, meaning it is usually extremely difficult to obtain a pardon if an offender is required to register.
Nebraska Defense Lawyers
Berry Law: Criminal Defense and Personal Injury Lawyers is a team of trial lawyers dedicated to protecting the constitutional rights of all clients. Founded in 1965 by a Vietnam Veteran, Berry Law: Criminal Defense and Personal Injury Lawyers’s commitment to upholding the constitution has never wavered. If you need assistance requesting a reduction to your 15 year sex offender registration, call Berry Law: Criminal Defense and Personal Injury Lawyers today.