2017 Nebraska Revised Statutes
Chapter 28 - CRIMES AND PUNISHMENTS
28-386 Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty.

Universal Citation: NE Code § 28-386 (2017)

28-386.

Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty.

(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:

(a) Physically injured;

(b) Unreasonably confined;

(c) Sexually abused;

(d) Exploited;

(e) Cruelly punished;

(f) Neglected; or

(g) Sexually exploited.

(2) Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult is a Class IIIA felony.

Source

  • Laws 1988, LB 463, § 39;
  • Laws 1997, LB 364, § 7;
  • Laws 2012, LB1051, § 15;
  • Laws 2016, LB934, § 9.

Cross References

  • Registration of sex offenders, see sections 29-4001 to 29-4014.

Annotations

  • The 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).

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