Frequently Asked Questions
WHEN DID NEBRASKA’S SEX OFFENDER REGISTRY LAW TAKE EFFECT?
WHAT STATUTE IS IT?
WHAT STATE AGENCY IS RESPONSIBLE FOR MAINTAINING THE REGISTRY?
WHAT IS THE ADDRESS FOR THE SEX OFFENDER REGISTRY UNIT?
Nebraska State Patrol
Attn: Sex Offender Registry
P.O. Box 94907
Lincoln, NE 68509-4907
HOW MANY PERSONS ARE IN THE NEBRASKA SEX OFFENDER REGISTRY?
WHAT CRIMES REQUIRE A PERSON TO REGISTER?
Non-parental Kidnapping of a Minor, §28-313
False Imprisonment of a Minor, §28-314 or §28-315
Sexual Assault, §28-319 or §28-320 (1st, 2nd, or 3rd degree)
Sexual Assault of a Child, Second or Third Degree §28-320.01
Sexual Assault of a Child, First Degree, §28-319.01
Sexual Abuse of a Vulnerable Adult, §28-386(1)(c)
Incest of a Minor, §28-703
Pandering of a Minor, §28-802
Debauching a Minor §28-805
Visual Depiction of Sexually Explicit Conduct of a Child, §28-1463.03 or §28-1463.05
Sexually Explicit Conduct; visual depiction, §28-813.01
Criminal Child Enticement, §28-311
Child Enticement by means of a computer, §28-320.02
Attempt, solicitation, aiding or abetting, being an accessory, or Conspiracy to Commit the above crimes.
If convicted of any of the following as of January 1, 2010:
Unlawful intrusion on a minor §28-311.08
Sexual Abuse of an inmate or parolee in the first degree §28-322.02
Sexual Abuse of an inmate or
parolee in the second degree §28-322.03
Sexual Abuse of a protected individual §28-322.04
Incest (victim of any age) §28-703
Child
Abuse pursuant to subdivision (1)(d) or (e) of section §28-707
Enticement by electronic communication device §28-833
Attempt, solicitation, aiding or abetting, being an accessory, or Conspiracy to Commit the above crimes.
If convicted of any of the following as of January 1, 2010 & ordered by a judge to register:
Murder in the first degree §28-303
Murder in the second degree §28-304
Manslaughter §28-305
Assault in the first degree §28-308
Assault in the second degree §28-309
Assault in the third degree §28-310
Stalking §28-311.03
Kidnapping (victim of any age) §28-313
False imprisonment (victim of any age) §28-314 or §28-315
DO OFFENDERS CONVICTED OF MISDEMEANOR SEX OFFENSES HAVE TO REGISTER?
WHO IS REQUIRED TO REGISTER?
The Sex Offender Registration Act applies to any person who on or after January 1, 1997:
– Pleads guilty to or is found guilty of any crime(s) requiring registration;
– Is incarcerated in a jail, a penal or correctional facility, or any other public or private institution as a result of pleading guilty to or being found guilty of a registrable offense prior to January 1, 1997
– Is under probation or parole as a result of pleading guilty to or being found guilty of a registrable offense prior to January 1, 1997;
– Has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to a registrable offense by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United State Government, by court-martial or other military tribunal, or by a foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under section or any other procedure to nullify a conviction other than by pardon;
– Enters the state and is required to register as a sex offender under the laws of another village, town, city, state, territory, commonwealth, or other jurisdiction of the United States.
– Is required to register but may not live in Nebraska but is employed, carries on a vocation, or attends school in Nebraska.
ARE JUVENILES REQUIRED TO REGISTER?
ARE PERSONS REQUIRED TO REGISTER IF THEIR CONVICTION OCCURRED IN ANOTHER STATE AND THEY NOW RESIDE IN NEBRASKA?
ARE PERSONS REQUIRED TO REGISTER IF THEIR CONVICTION WAS IN A FEDERAL, MILITARY, TRIBAL OR FOREIGN COURT?
ARE SEXUALLY VIOLENT PREDATORS REQUIRED TO REGISTER?
WHICH OFFENDERS ARE CLASSIFIED AS “SEXUALLY VIOLENT PREDATORS”?
HOW LONG MUST A SEX OFFENDER REGISTER?
- if the sex offender was convicted of a registrable
- offense not punishable by imprisonment for more than one year; (i.e. primarily
- misdemeanor offenses)
Twenty-five years,
- if the sex offender was convicted of a registrable
- offense punishable by imprisonment for more than one year; or (i.e. primarily
- non-aggravated felony offenses including attempt/conspiracy)
Life,
- if the sex offender was convicted of a registrable offense
- punishable by imprisonment for more than one year and was convicted of an
- aggravated offense, or had a prior sex offense conviction (felony or
- misdemeanor) or has been determined to be a lifetime registrant in another
- 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. Aggravated offense is defined as any registrable offense
- which involves the penetration of, direct genital touching of, oral to anal
- contact with, or oral to genital contact with (a) a victim age thirteen years or
- older without the consent of the victim, (b) a victim under the age of thirteen
- years, or (c) a victim who the sex offender knew or should have known was
- mentally or physically incapable of resisting or appraising the nature of his or
- her conduct; (i.e. primarily aggravated felony offenses = force/drugged
- victim/disabled victim/victim < 13, including attempt/conspiracy; felony or
- misdemeanor repeat offenders)
*Any time period when any person who is
required to register under the act fails to comply with such registration
requirement shall not be counted as completed registration time and shall be
used to recalculate the registration period. The recalculation shall be
completed by the sex offender registration and community notification division
of the Nebraska State Patrol.
HOW ARE SEX OFFENDERS NOTIFIED TO REGISTER IN THE STATE OF NEBRASKA?
WHEN IS AN OFFENDER REQUIRED TO REGISTER?
WHERE DOES AN OFFENDER REGISTER?
WHAT IS THE REGISTRATION PROCESS?
CAN AN OFFENDER LIST A POST OFFICE BOX NUMBER WITHOUT PROVIDING A STREET ADDRESS WHEN REGISTERING?
WHAT HAPPENS IF AN OFFENDER MOVES?
HOW CAN AN OFFENDER REGISTER AS TRANSIENT?
HOW DOES NEBRASKA’S SEX OFFENDER REGISTRY DETERMINE IF REGISTERED OFFENDERS ARE REPORTING CHANGES OF ADDRESSES? ARE ADDRESS VERIFICATIONS REQUIRED?
- A person required to register under the act for fifteen (15) years shall
- report every twelve months in the month of his or her birth, in person, to the
- office of the sheriff of the county in which he or she resides (or works/goes to
- school for nonresident).
- A person required to register under the act for twenty-five (25) years shall
- report, in person, every six months to the office of the sheriff of the county
- in which he or she resides (or works/goes to school for nonresident).
- A person required to register under the act for life shall report, in
- person, every three months to the office of the sheriff of the county in which
- he or she resides (or works/goes to school for nonresident).
All law enforcement agencies are encouraged to check registrant’s addresses periodically.
HOW ARE OFFENDERS NOTIFIED OF THEIR REGISTRATION DURATION AND VERIFICATION SCHEDULE?
CAN AN OFFENDER ASK FOR AN EXPUNGEMENT OF INFORMATION FROM THE SEX OFFENDER REGISTRY?
- 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; and
- Successfully completed an appropriate sex offender treatment
- program.
You may refer to our Rules and Regulations in the Documents section of our web site to review further details concerning the reduction request or contact the Nebraska State Patrol Legal Division at 402-471-4545 to ask for a reduction form. The offenders who are required to register for 25 years or Life cannot ask for a reduction and will be required to register for the full duration.
WHAT ARE THE PENALTIES FOR NOT COMPLYING WITH THE REGISTRY LAWS?
WHAT ACTION CAN BE TAKEN AGAINST SEX OFFENDERS WHO ARE REQUIRED TO REGISTER BUT WILLFULLY FAIL TO REGISTER?
- Failure to Register in 3 working days
- Failure to change address or living location status 3 working days before
- the change
- Failure to update transient status within 30 days
- Failure to report employment or school in 3 working days
- Failure to complete verification
- Provide false information to SOR
Failure to report any update in electronic identifier information in 24
hours
- This requirement is struck from the statute as of October 2012.
At any time a person required to register under the act violates the registry requirements and cannot be located, the registry information shall reflect that the person has absconded and a warrant shall be sought for the person’s arrest. Any law enforcement agency with jurisdiction in the area in which a person required to register under the act resides, has a temporary domicile, maintains a habitual living location, is employed, carries on a vocation, or attends school shall investigate and enforce violations of the act. Prosecutors can file a failure to comply with the Nebraska Sex Offender Registration Act for the offenders who cannot be located for an on-view arrest.
CAN THE PUBLIC REQUEST INFORMATION ON ANY REGISTERED SEX OFFENDERS?
IS THERE ANY RESTRICTIONS AS TO WHERE A SEX OFFENDER CAN LIVE?
ARE THERE ANY RESTRICTIONS REGARDING SEX OFFENDERS?
The Nebraska Sex Offender Registration law does not have any restrictions on registered sex offenders. This is a common misperception. The SOR law also does not have the legal jurisdiction to prevent an offender from attending events, limiting employment, restrict an offender from entering any facilities, or refrain from living with or socializing with children or vulnerable persons. The SOR law can only mandate the offender to register his or her required information under statutes 29-4004 and 29-4006 at the sheriff’s office within the required time.
ARE THERE COMPUTER/INTERNET USE RESTRICTIONS?
WHAT INFORMATION IS POSTED ABOUT A REGISTERED SEX OFFENDER?
BY WHAT METHOD CAN I RECEIVE SEX OFFENDER NOTIFICATION?
WHAT SHOULD THE PUBLIC DO IF A SEX OFFENDER IS IN THEIR NEIGHBORHOOD?
an offender. For example, children and parents need to be alert to suspicious behavior such as a person who approaches children/youth without a specific reason or a person that hangs around schools, parks, or other places where children/teens frequent. Avoid scaring them but tell children not to accept rides and to stay away from a person’s home/yard they do not know. Use the buddy system when playing outdoors. Have the children tell the parents if a person tries to talk to them and call 911 if a person approaches them and no other adults are around.
Parents should define and demonstrate appropriate physical affection and teach children that they have a right to say no to anyone that is touching them in a way that makes them uncomfortable. If parents teach the child accurate sexual education and terminology for body parts, they are more likely to perceive that it is safe to confide in the parents and to be able to describe the situation, if something does occur. Without this type of information, children will have difficulty discerning what is appropriate and inappropriate. This is especially true if the perpetrator is someone they trust that is telling them that such inappropriate behavior is acceptable. Such dialogue also assures them that they won’t be in trouble and that the perpetrator is the one responsible. Encourage them to tell about inappropriate touching no matter what the person tells them. Teach them to keep telling until someone intervenes.
AS A PARENT HOW CAN I TELL IF A PERSON IS A SEX OFFENDER?
WHERE CAN I FIND INFORMATION ON PEOPLE WHO ARE NOT LISTED ON THE PATROL’S WEBSITE?
- Review the Nebraska Department of Correctional Services website which provides conviction, sentencing, and release information on offenders who have been or are incarcerated in one of the Nebraska state prison facilities:
www.corrections.state.ne.us
- Review the Federal Bureau of Prison’s website to locate a Federal inmate incarcerated from 1982 to present:
http://www.bop.gov/iloc2/LocateInmate.jsp
- You can contact the Nebraska State Patrol and pay to have a criminal history run on a specific person. More information is available on the state patrol’s main web site:
https://statepatrol.nebraska.gov/CID.aspx
- If the person is from another state, you may be able to check the internet for that state’s sex offender registry. Use a search engine such as Google or Yahoo to find any states registration database online or the national SOR web site at
http://www.nsopw.gov/
- You may also contact the court from which the person was convicted and inquire about public records.
- Please see our “Useful Links” on Documents section of our home page for more information.