29-4001.01. Terms, defined.

343 words·~2 min read·/ne/chapter-29/29-4001-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of the Sex Offender Registration Act:

(1)Aggravated offense means any registrable offense under section 29-4003 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;

(2)DNA sample has the same meaning as in section 29-4103 ;

(3)Habitual living location means any place that an offender may stay for a period of more than three days even though the sex offender maintains a separate permanent address or temporary domicile;

(4)Minor means a person under eighteen years of age;

(5)State DNA Database means the database established pursuant to section 29-4104 ; and

(6)Temporary domicile means any place at which the person actually lives or stays for a period of at least three working days.

Following the 2009 amendments to the Sex Offender Registration Act, a sentencing court has the authority to find that a defendant committed an aggravated offense as defined in subdivision

(1)of this section. State v. Wilson, 306 Neb. 875, 947 N.W.2d 704 (2020).

When a defendant pleads to an offense, such as first degree sexual assault pursuant to section 28-319, where the term "aggravated offense" is not a specifically included element of the offense, in order for lifetime community supervision to apply, a jury would need to find that the defendant had committed an aggravated offense, or the defendant must plead separately to the commission of an aggravated offense. State v. Nelson, 27 Neb. App. 748, 936 N.W.2d 32 (2019).

To constitute "direct genital touching" for purposes of finding an aggravated offense under this section, there must be evidence that the actor touched the victim's genitals under the victim's clothing. State v. Kresha, 25 Neb. App. 543, 909 N.W.2d 93 (2018).