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Nebraska Megan's Law Legislation
NEBRASKA SEX-OFFENDER REGISTRATION AND NOTIFICATION
CONTACT INFORMATION
Nebraska State Patrol
Sex-Offender Registration and Community Notification Division
5800 Cornhusker Highway, Suite 8
Lincoln, NE 68507-3715
Telephone: 402-471-8647
E-mail: Webmast@nsp.state.ne.us
http://www.nsp.state.ne.us/sor/find.cfm
NUMBER OF REGISTERED SEX OFFENDERS
1,525 as of January 28, 2003.
1. WHO IS REQUIRED TO REGISTER?
Nebraska’s Sex Offender Registration Act applies to any person who on or after January 1, 1997:
(1) pleads guilty to or is found guilty of:
(a) kidnapping a minor except when the offender is the parent of the minor and he or she is not convicted of any other offense for which registration is required;
(b) false imprisonment of a minor;
(c) sexual assault;
(d) sexual assault of a minor or a vulnerable adult;
(e) incest involving a minor;
(f) pandering of a minor;
(g) committing a prohibited act involving the visual depiction of sexually explicit conduct of a minor; or
(h) an attempt, solicitation, or conspiracy to commit an offense listed in (a) through (g) above;
(2) enters Nebraska and has pleaded guilty to or has been found guilty of any offense in another state, territory, commonwealth, or other jurisdiction of the United States that is substantially equivalent to an offense listed in (1) above; or
(3) is incarcerated in a jail, a penal facility, or any other public or private institution, or is under probation or parole as a result of pleading guilty to or being found guilty of an offense listed in (1) or (2) above prior to January 1, 1997.
(Neb. Rev. Stat. § 29-4003(1))
2. ARE JUVENILE OFFENDERS REQUIRED TO REGISTER?
Please contact the Nebraska State Patrol or local law enforcement for information on juvenile offenders.
3. WHEN AND WHERE DOES AN OFFENDER REGISTER?
Any offender who is required to register must do so with the sheriff of the county in which he or she resides or is temporarily domiciled within five working days from his or her date of being released from custody or placed on probation or parole.
(Neb. Rev. Stat. § 29-4004(1))
Any offender who is incarcerated for an offense requiring registration who is not already registered must be registered by the jail, penal or correctional facility, or public or private institution prior to his or her release.
(Neb. Rev. Stat. § 29-4004(6))
4. WHAT INFORMATION MUST AN OFFENDER PROVIDE AT THE TIME OF REGISTRATION?
Registration information must be provided on a form approved by the Nebraska State Patrol. The following information must be included:
(1) name and all aliases used by the offender or under which the offender has been known;
(2) a complete description of the offender including his or her:
(a) date of birth;
(b) social-security number;
(c) photographs; and
(d) fingerprints;
(3) a list of each offense for which registration is required;
(4) the jurisdiction where each offense was committed;
(5) the court in which the offender pleaded guilty or was found guilty of each offense;
(6) the name under which the offender pleaded guilty or was found guilty of each offense;
(7) the name and location of each jail, penal facility, or public or private institution at which the offender was incarcerated for each offense and the actual time he or she served or was confined; and
(8) the offender’s current address and place of employment.
(Neb. Rev. Stat. § 29-4006(1))
5. WHAT HAPPENS IF AN OFFENDER CHANGES HIS OR HER ADDRESS OR OTHER REGISTRATION INFORMATION DURING THE REGISTRATION PERIOD?
Any offender who is required to register must inform the sheriff of the county in which he or she resides, in writing, if he or she has a new address within such county within five working days after the address change. The sheriff must forward such information to the Sex-Offender Registration and Community Notification Division of the Nebraska State Patrol within five working days after receipt of the new address.
(Neb. Rev. Stat. § 29-4004(2))
Any offender who is required to register must inform the sheriff of the county in which he or she resides, in writing, if he or she has a new address in a different county in Nebraska within five working days after the address change. The sheriff must forward the new address to the Sex-Offender Registration and Community Notification Division of the Nebraska State Patrol within five working days after receipt of the new address. The division must notify the sheriff of the county to which the offender is relocating of the new address. The offender must report to the county sheriff of his or her new county of residence to register.
(Neb. Rev. Stat. § 29-4004(3))
If an offender is employed, carries on a vocation, or attends school at a postsecondary educational institution, he or she must notify the sheriff of the county in which he or she resides of any change in such employment or attendance within five working days after the change occurs.
(Neb. Rev. Stat. § 29-4004(7))
6. WHAT HAPPENS IF AN OFFENDER MOVES FROM NEBRASKA TO ANOTHER STATE?
Any offender who is required to register must inform the sheriff of the county in which he or she resides, in writing, if he or she moves to a new out-of-state address. The sheriff must forward the new out-of-state address to the Sex-Offender Registration and Community Notification Division of the Nebraska State Patrol within five working days after receipt of the new out-of-state address. The division will then forward the new out-of-state address to the other state’s central repository for sex-offender registration.
(Neb. Rev. Stat. § 29-4004(4))
7. IS AN OFFENDER WHO MOVES FROM ANOTHER STATE TO NEBRASKA REQUIRED TO REGISTER?
An out-of-state offender must register within five working days of entering Nebraska.
(Neb. Rev. Stat. § 29-4003(1)(b); § 29-4004(1))
8. WHAT IF AN OFFENDER LIVES IN ANOTHER STATE BUT WORKS OR GOES TO SCHOOL IN NEBRASKA?
Any offender who is required to register and who is residing in another state or is temporarily domiciled in another state, and is employed, carries on a vocation, or attends school in Nebraska must report and register with the sheriff of the county in which he or she is employed, carries on a vocation, or attends school within five working days after becoming employed, carrying on a vocation, or attending school. The sheriff must forward this information to the Sex-Offender Registration and Community Notification Division of the Nebraska State Patrol within five working days after receipt of such information.
(Neb. Rev. Stat. § 29-4004(5))
9. IS REGISTRATION A LIFETIME REQUIREMENT?
Any offender who is required to register must do so for a period of 10 years after his or her discharge from probation, parole, or release from imprisonment, whichever date is most recent.
(Neb. Rev. Stat. § 29-4005(1))
If a sentencing court concludes that an offender is a sexually violent offender, he or she will be required to register until the court determines that he or she no longer suffers from a mental abnormality or personality disorder that makes him or her likely to engage in a sexually violent offense. This determination will not be made until 10 years after the discharge date from probation, parole, or release from prison, whichever date is the most recent.
(Neb. Rev. Stat. § 29-4005(2)(b))
10. ARE THERE ANY PENALTIES FOR FAILING TO REGISTER OR FOR PROVIDING FALSE INFORMATION?
Any offender who is required to register under the Nebraska Sex Offender Registration Act who violates the act is guilty of a Class IV felony unless the offense that caused the offender to be placed on the registry was a misdemeanor. If the offense constitutes a misdemeanor, a violation of the act will be an offense of the same class as the initial offense requiring registration.
(Neb. Rev. Stat. § 29-4011)
Knowingly and willfully providing false or misleading information in the registration is prohibited.
(Neb. Rev. Stat. § 29-4008)
11. WHAT INFORMATION IS RELEASED TO THE PUBLIC ABOUT REGISTERED OFFENDERS?
Information obtained under the Nebraska Sex Offender Registration Act is confidential; however, the Nebraska State Patrol and any law-enforcement agency authorized by the Patrol must release relevant
information that is necessary to protect the public concerning a specific offender who is required to register.
(Neb. Rev. Stat. § 49-4009)
12. CAN I SEARCH THE INTERNET FOR OFFENDERS IN MY AREA?
The Nebraska State Patrol provides Internet notification for offenders who are at a high risk to reoffend. Information on such offenders is available online at http://www.nsp.state.ne.us/sor/find.cfm.
Information available includes the offender’s:
(1) name and any aliases used;
(2) photograph;
(3) date of birth;
(4) race;
(5) sex;
(6) height and weight;
(7) hair and eye color;
(8) address; and
(9) offense(s), jurisdiction(s), and court(s) of conviction(s).
13. WHAT IS THE PENALTY FOR MISUSE OF OFFENDER INFORMATION?
According to the Nebraska State Patrol web site, “Sex[-]offender registry information shall not be used to retaliate against the registrants, their families, or their employers in any way. Vandalism, verbal[,] or written threats of harm are illegal and will result in arrest and prosecution.”
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