29-4003 Applicability of act. - Nebraska Statutes

29-4003. Applicabilityof act.(1)(a) The Sex Offender RegistrationAct applies to any person whoon or after January 1, 1997:(i) Has ever pled guilty to, pled nolo contendere to, or been found guilty of any of the following:(A) Kidnapping of a minorpursuant to section 28-313, except when the person is the parent of the minorand was not convicted of any other offense in this section;(B) False imprisonment ofa minor pursuant to section 28-314 or 28-315;(C) Sexual assault pursuantto section 28-319 or 28-320;(D) Sexual assault of a childin the second or third degree pursuant to section 28-320.01;(E) Sexual assault of a childin the first degree pursuant to section 28-319.01;(F) Sexual abuse ofa vulnerable adult pursuant to subdivision (1)(c) of section 28-386;(G) Incest of a minor pursuantto section 28-703;(H) Pandering of a minor pursuantto section 28-802;(I) Visual depiction of sexuallyexplicit conduct of a child pursuant to section 28-1463.03 or 28-1463.05;(J) Knowingly possessing anyvisual depiction of sexually explicit conduct which has a child as one ofits participants or portrayed observers pursuant to section 28-813.01;(K) Criminal child enticementpursuant to section 28-311;(L) Child enticement by meansof an electronic communication device pursuant to section 28-320.02;(M) Debauching a minor pursuantto section 28-805; or(N) Attempt, solicitation, aiding or abetting, being an accessory, orconspiracy to commit an offense listed in subdivisions (1)(a)(i)(A) through (1)(a)(i)(M) of this section;(ii)Has ever pled guilty to,pled nolo contendere to, or beenfound guilty of any offense that is substantially equivalent to a registrableoffense under subdivision (1)(a)(i) of this sectionby any village, town, city, state,territory, commonwealth, or other jurisdiction of the United States, by theUnited States Government, bycourt-martial or other military tribunal, orby a foreign jurisdiction, notwithstanding a procedure comparablein effect to that described under section 29-2264 or any other procedure tonullify a conviction other than by pardon;(iii) Is incarcerated in ajail, a penal or correctional facility, or any other public or private institutionor is under probation or parole as a result of pleading guilty to or beingfound guilty of a registrable offense under subdivision (1)(a)(i)or (ii) of this section prior to January 1, 1997; or(iv) Enters the state andis 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.(b) In additionto the registrable offenses under subdivision (1)(a) of this section, theSex Offender Registration Act applies to any person who on or after January1, 2010:(i)(A) Except as provided in subdivision (1)(b)(i)(B) of this section,has ever pled guilty to, pled nolo contendere to, or been found guilty ofany of the following:(I) Murder in the first degree pursuant to section 28-303;(II) Murderin the second degree pursuant to section 28-304;(III) Manslaughter pursuantto section 28-305;(IV) Assault in the first degree pursuant to section 28-308;(V) Assaultin the second degree pursuant to section 28-309;(VI) Assault in the thirddegree pursuant to section 28-310;(VII) Stalking pursuant to section 28-311.03;(VIII) Unlawfulintrusion on a minor pursuant to section 28-311.08;(IX) Kidnapping pursuantto section 28-313;(X) False imprisonment pursuant to section 28-314 or 28-315;(XI) Sexualabuse of an inmate or parolee in the first degree pursuant to section 28-322.02;(XII) Sexualabuse of an inmate or parolee in the second degree pursuant to section 28-322.03;(XIII) Sexualabuse of a protected individual pursuant to section 28-322.04;(XIV) Incestpursuant to section 28-703;(XV) Child abuse pursuant to subdivision(1)(d) or (e) of section 28-707;(XVI) Enticement by electronic communicationdevice pursuant to section 28-833; or(XVII) Attempt, solicitation, aiding orabetting, being an accessory, or conspiracy to commit an offense listed insubdivisions (1)(b)(i)(A)(I) through (1)(b)(i)(A)(XVI) of this section.(B) In order for the Sex Offender Registration Act to apply tothe offenses listed in subdivisions (1)(b)(i)(A)(I), (II), (III), (IV), (V),(VI), (VII), (IX), and (X) of this section, a court shall have found thatevidence of sexual penetration or sexual contact, as those terms are definedin section 28-318, was present in the record, which shall include considerationof the factual basis for a plea-based conviction and information containedin the presentence report;(ii) Has ever pled guilty to, pled nolocontendere to, or been found guilty of any offense that is substantially equivalentto a registrable offense under subdivision (1)(b)(i) of this section by anyvillage, town, city, state, territory, commonwealth, or other jurisdictionof the United States, by the United States Government, by court-martial orother military tribunal, or by a foreign jurisdiction, notwithstanding a procedurecomparable in effect to that described under section 29-2264 or any otherprocedure to nullify a conviction other than by pardon; or(iii) Entersthe state and is required to register as a sex offender under the laws ofanother village, town, city, state, territory, commonwealth, or other jurisdictionof the United States.(2) A person appealing a conviction of a registrableoffense under this section shall be required to comply with the act duringthe appeals process. SourceLaws 1996, LB 645, § 3; Laws 2002, LB 564, § 3; Laws 2004, LB 943, § 9; Laws 2005, LB 713, § 4; Laws 2006, LB 1199, § 18; Laws 2009, LB97, § 25; Laws 2009, LB285, § 4.