28-386 Knowing and intentional abuse of a vulnerable adult; penalty. - Nebraska Statutes

28-386. Knowing and intentional abuse of a vulnerable adult; penalty.(1) A person commits knowing and intentional abuse of a vulnerable adult if he or she through a knowing and intentional act causes or permits a vulnerable adult to be:(a) Physically injured;(b) Unreasonably confined;(c) Sexually abused;(d) Exploited;(e) Cruelly punished; or(f) Denied essential services.(2) Knowing and intentional abuse of a vulnerable adult is a Class IIIA felony. SourceLaws 1988, LB 463, § 39; Laws 1997, LB 364, § 7. Cross ReferencesRegistration of sex offenders, see sections 29-4001 to 29-4014. AnnotationsThe initial step when determining whether this section has been violated is to determine whether the victim was a vulnerable adult. State v. Stubbs, 252 Neb. 420, 562 N.W.2d 547 (1997).The initial step when determining if this section has been violated is to determine whether the victim was a vulnerable adult. The State has the burden of proving all essential elements of the crime charged. State v. Janssen, 7 Neb. App. 384, 584 N.W.2d 27 (1998).In order to convict someone of the crime of exploitation of a vulnerable adult, there must be a nexus between a vulnerable adult's impairment and the exploitation. State v. Stubbs, 5 Neb. App. 38, 555 N.W.2d 55 (1996).