2006 Nebraska Revised Statutes - § 29-4003 — Applicability of act.

Section 29-4003
Applicability of act.

(1) Except as provided in subsection (2) of this section, the Sex Offender Registration Act shall apply to any person who on or after January 1, 1997:

(a) Pleads guilty to or is found guilty of:

(i) Kidnapping of a minor pursuant to section 28-313, except when the person is the parent of the minor and was not convicted of any other offense in this section;

(ii) False imprisonment of a minor pursuant to section 28-314 or 28-315;

(iii) Sexual assault pursuant to section 28-319 or 28-320;

(iv) Sexual assault of a child in the second or third degree pursuant to section 28-320.01;

(v) Sexual assault of a child in the first degree pursuant to section 28-319.01;

(vi) Sexual assault of a vulnerable adult pursuant to subdivision (1)(c) of section 28-386;

(vii) Incest of a minor pursuant to section 28-703;

(viii) Pandering of a minor pursuant to section 28-802;

(ix) Visual depiction of sexually explicit conduct of a child pursuant to section 28-1463.03 or 28-1463.05;

(x) Knowingly possessing any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers pursuant to section 28-813.01;

(xi) Criminal child enticement pursuant to section 28-311;

(xii) Child enticement by means of a computer pursuant to section 28-320.02;

(xiii) Debauching a minor pursuant to section 28-805; or

(xiv) Attempt, solicitation, or conspiracy to commit an offense listed in subdivisions (1)(a)(i) through (1)(a)(xiii) of this section;

(b) Enters the state and has pleaded guilty to or has been found guilty of any offense that is substantially equivalent to a registrable offense under subdivision (1)(a) of this section by any state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, or by court-martial or other military tribunal, notwithstanding a procedure comparable in effect to that described under section 29-2264 or any other procedure to nullify a conviction other than by pardon;

(c) Is incarcerated in a jail, a penal or correctional 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 a registrable offense under subdivision (1)(a) or (b) of this section prior to January 1, 1997; or

(d) Enters the state and is required to register as a sex offender under the laws of another state, territory, commonwealth, or other jurisdiction of the United States.

(2) In the case of a person convicted of a violation of section 28-313, 28-314, 28-315, or 28-805, the convicted person shall be subject to the Sex Offender Registration Act, unless the sentencing court determines at the time of sentencing, in light of all the facts, that the convicted person is not subject to the act. The sentencing court shall make such determination part of the sentencing order.

(3) A person appealing a conviction of a registrable offense under this section shall be required to comply with the act during the appeals process.

Source:

Laws 1996, LB 645, § 3

Laws 2002, LB 564, § 3

Laws 2004, LB 943, § 9

Laws 2005, LB 713, § 4

Laws 2006, LB 1199, § 18.

~Revised Statutes Cumulative Supplement, 2006