29-119 Plea agreement; terms, defined. - Nebraska Statutes

29-119. Plea agreement;terms, defined.For purposes of this section andsections 23-1201, 29-120, and 29-2261, unless the context otherwise requires:(1) A plea agreement means that as a result of a discussionbetween the defense counsel and the prosecuting attorney:(a) A charge is to be dismissed or reduced; or(b) A defendant, if he or she pleads guilty to a charge, mayreceive less than the maximum penalty permitted by law; and(2)(a) Victim means a personwho, as a result of a homicide under sections 28-302 to 28-306, a first degree sexual assault under section 28-319, a first degree assault under section 28-308, a sexual assault of a child in the second or third degree under section 28-320.01, a sexual assault ofa child in the first degree under section 28-319.01, a second degree assault under section 28-309, a first degree false imprisonment under section 28-314, a second degree sexual assault under section 28-320, or a robbery under section 28-324, has had a personal confrontation with the offender and also includesa person who has suffered serious bodily injury as defined in section 28-109as a result of a motor vehicle accident when the driver was charged with aviolation of section 60-6,196 or 60-6,197 or with a violation of a city orvillage ordinance enacted in conformance with either section.(b) In the case of a homicide,victim means the nearest surviving relative under the law as provided by section 30-2303 but does not include the alleged perpetrator of the homicide.(c) In the case of aviolation of section 28-813.01, 28-1463.03, 28-1463.04, or 28-1463.05, victimmeans a person who was a child as defined in section 28-1463.02 and a participantor portrayed observer in the visual depiction of sexually explicit conductwhich is the subject of the violation and who has been identified and canbe reasonably notified.(d) Inthe case of a sexual assault of a child, apossession offense of a visual depiction of sexually explicit conduct, ora distribution offense of a visual depiction of sexually explicit conduct, victimmeans the child victim and the parents, guardians, or duly appointed legalrepresentative of the child victim but does not include the alleged perpetratorof the crime. SourceLaws 1983, LB 78, § 1; Laws 1990, LB 87, § 2; Laws 1993, LB 370, § 10; Laws 1998, LB 309, § 2; Laws 2004, LB 270, § 3; Laws 2006, LB 1199, § 11; Laws 2010, LB728, § 8.Effective Date: July 15, 2010