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State of Nebraska

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Charges

Caregiver Neglect Laws

False imprisonment in the first degree; penalty.
Neb.Rev.St. § 28-314
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False imprisonment in the second degree; penalty.
Neb.Rev.St. § 28-315
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Kidnapping
Neb.Rev.St. § 28-313
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Emotional/Psychological Laws

Harassment protection order; violation; penalty; procedure; costs; enforcement.
Neb.Rev.St. § 28-311.09
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Intimidation by telephone call or electronic communication; penalty.
Neb.Rev.St. § 28-1310
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Stalking and harassment; legislative intent; terms, defined.
Neb.Rev.St. § 28-311.02
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Stalking.
Neb.Rev.St. § 28-311.03
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Stalking; violations; penalties.
Neb.Rev.St. § 28-311.04
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Financial Exploitation Laws

Theft by deception
Neb.Rev.St. § 28-512
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Theft by extortion
Neb.Rev.St. § 28-513
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Theft of property lost, mislaid, or delivered by mistake; penalty
Neb.Rev.St. § 28-514
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Forgery, first degree; penalty
Neb.Rev.St. § 28-602
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Forgery, second degree; penalty; aggregation allowed; when
Neb.Rev.St. § 28-603
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Physical Abuse Laws

Assault in the first degree; penalty.
Neb.Rev.St. § 28-308
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Assault in the second degree; penalty.
Neb.Rev.St. § 28-309
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Assault in the third degree; penalty.
Neb.Rev.St. § 28-310
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Report of abuse, neglect, or exploitation; law enforcement agency; duties.
Neb.Rev.St. § 28-373
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Assault by strangulation or suffocation; penalty; affirmative defense.
Neb.Rev.St. § 28-310.01
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Sexual Abuse/Assault Laws

Sexual assault; first degree; penalty.
Neb.Rev.St. § 28-319
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Sexual assault; second or third degree; penalty
Neb.Rev.St. § 28-320
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Statutes

Neglect, defined.

Neb. Rev. Stat. § 28-361.01.

Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.

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Senior adult, defined.

Neb. Rev. Stat. § 28-366.01

Senior adult means any person sixty-five years of age or older.

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Unreasonable confinement, defined.

Neb. Rev. Stat. § 28-370.

Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.

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Vulnerable adult, defined.

Neb. Rev. Stat. § 28-371.

Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.

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

Neb. Rev. Stat. § 28-386.

(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.

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Abuse, defined.

Neb. Rev. Stat. § 28-351.

Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.

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Exploitation, defined.

Neb. Rev. Stat. § 28-358

Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

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State Mandated Reporting

Nebraska

Neb. Rev. Stat. § 28-372

Who has to report?
Any physician, psychologist, physician assistant, nurse, nursing assistant, other medical, developmental disability, or mental health professional, law enforcement personnel, caregiver or employee of a caregiver, operator or employee of a sheltered workshop, owner, operator, or employee of any facility licensed by the department, or human services professional or paraprofessional not including a member of the clergy. Any other person may report abuse.

When to report?
Any person required by statute to report that has reasonable cause to believe that a vulnerable adult has been subjected to abuse, neglect, or exploitation or observes such adult being subjected to conditions or circumstances which reasonably would result in abuse, neglect, or exploitation.

How to report?
Reports shall be made to the appropriate law enforcement agency or to the Department of Health and Human Services. Reports may be made by telephone.

Nebraska Adult Protective Services Hotline:
800-652-1999

http://dhhs.ne.gov/children_family_services/Pages/nea_aps_apsindex.aspx


Consumer Protection Statutes

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