Nebraska Administrative Code
Topic - STATE PATROL
Title 272 - NEBRASKA STATE PATROL
Chapter 19 - Sex Offender Registration
Section 272-19-002 - DEFINITIONS

002.01 "Aggravated offense" is defined by Neb. Rev. Stat. § 29-4001.01(1).

002.02 "Attends school" means enrollment in any educational institution in the state on a full-time or a part-time basis regardless of the number of hours or credits involved. This includes vocational as well as academic institutions and both credit and non-credit courses.

002.03 "DNA Sample" is defined by Neb. Rev. Stat. § 29-4103.

002.04 "Employed or carries on a vocation" means any full-time or part-time employment, with or without compensation, which lasts for a duration of more than fourteen (14) days or for an aggregate period exceeding thirty (30) days in a calendar year. This includes working "at" a postsecondary educational campus in any capacity either for the educational institution or for any other entity which requires a presence on campus.

002.05 "Governmental agency" means a unit or subdivision of government established by statute which has employees paid by the state or local subdivision or government. It does not include quasi-governmental organizations or private enterprises having a contractual relationship with a governmental unit.

002.06 "Habitual living location" is defined by Neb. Rev. Stat. § 29-4001.01(3).

002.07 "Incarcerated" means the physical holding or supervisory control over a person by a jail, penal or correctional facility or by a public or private institution at the direction of a jail, penal or correctional facility or a court. A person shall be considered incarcerated during short periods of supervised release such as work- release.

002.08 "Law enforcement agency" means a recognized police department, Sheriff's office, probation or parole officer, or the Nebraska State Patrol having an assigned originating agency identifier (ORI) issued by the Federal Bureau of Investigation.

002.09 "Listed offense" means the offenses listed in section 003.01 of these regulations which are the same as those listed in Neb. Rev. Stat. §294003.

002.10 "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of a criminal sexual act to a degree that makes the person a menace to the health and safety of other persons.

002.11 "Minor" means a person below the age of eighteen (18).

002.12 "Nebraska State Patrol" means the Sex Offender Registration and Community Notification Division of the Nebraska State Patrol, P.O. Box 94907, Lincoln, Nebraska 68509.

002.13 "Other jurisdiction of the United States" means any federal court, tribal court, or any military court of the United States.

002.14 "Person" means an individual subject to the registration requirements and does not include corporations or other entities.

002.15 "Personnel" as used herein means personnel assigned to the Nebraska State Patrol and other employees within the Nebraska State Patrol who are necessary for handling registrations, notifications, or appeal hearings.

002.16 "Postsecondary educational institution" means any institution with a formal instructional program whose curriculum is designed primarily for students who have completed the requirements of a high school diploma or its equivalent. This includes programs whose purpose is academic, vocational, and continuing professional education, and includes a vocational and adult basic education programs.

002.17 "Prior sex offense conviction" means a conviction for one of the listed offenses (or an offense substantially equivalent) which precedes the commission of another registrable offense. The earlier or "prior" conviction can be from any time before the later conviction and can be from any state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, or by a court-martial or other military tribunal, notwithstanding a set-aside or similar procedure to nullify the conviction other than a pardon.

002.18 "Sex Offender " means an individual who has been convicted of a crime listed in Neb. Rev. Stat. § 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act.

002.19 " Sexual predator " means an individual who is required to register under the Sex Offender Registration act, who has committed an AGGRAVATED offense, as defined in section 2.01 of this section, and who has victimized a person eighteen years of age or younger.

002.20 "Sexually violent predator" means a person determined by a court to be a sexually violent predator at the time of sentencing for one of the listed offenses. A judge will determine whether this is a person "who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at a stranger or at a person with whom a relationship has been established or promoted, for the primary purpose of victimization." A person determined to be a sexually violent predator or a sexually violent offender in a federal jurisdiction or in another state will be classified as a sexually violent predator in Nebraska.

002.21 "State DNA database" means the database established pursuant to Neb. Rev. Stat. § 29-4104.

002.22 "Substantially equivalent offense" means a criminal offense from another state, territory, commonwealth or federal jurisdiction which has largely the same basic elements as one of the Nebraska listed offenses.

002.23 " Supervised release" mean s any release from confinement which is conducted under supervision and exceeds three (3) days in duration. It shall include probation, parole, a work release program, furlough and any other type of release except for an unconditional discharge.

002.24 "Temporary domicile" is defined by Neb. Rev. Stat. § 29-4001.01(6).

002.25 "The Act" means the Sex Offender Registration Act found in Neb. Rev. Stat. § 29-4001 through § 29-4013.

002.26 "Victim" means the subject of a sexual assault or other offense listed in section 003.01 of these regulations whether the offense is the one requiring registration, is a prior or subsequent offense, or is an offense which was charged but dismissed through plea negotiations. Victim also includes the parents or guardians of minors or vulnerable adults.

002.27 "Working days" means Monday through Friday but does not include any day which is a state holiday. State Holidays are: New Years Day, Martin Luther King, Jr. Day, President's Day, Arbor Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.