2019 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.
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).