NEB. REV. STAT. § 28-801(5) (2016).
- If the law enforcement officer determines, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of subsection (1) of this section [the prostitution provision] is (a) a person engaging in those acts as a direct result of being a trafficking victim as defined in section 28-830, such person shall be immune from prosecution for a prostitution offense or (b) a person under eighteen years of age, such person shall be immune from prosecution for a prostitution offense under this section and shall be subject to temporary custody under section 43-248 and further disposition under the Nebraska Juvenile Code.
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Additional Resources
Record Sealing and Expungement, Liberty Law Grp.
Nebraska Restoration of Rights & Record Relief, Restoration of Rights Project
NEB. REV. STAT. § 28-805 (1979).
- Minors themselves cannot commit the misdemeanor of “debauching a minor”.
NEB. REV. STAT. § 43-248 (2024).
- Permits officers to take a juvenile into temporary custody without a warrant if the officer has reasonable grounds to believe the juvenile is immune from prosecution for prostitution under subsection (5) of section 28-801.
NEB. REV. STAT. § 29-3005 (2020).
- Following the completion of sentence or disposition, a victim of sex trafficking convicted in county or district court of, or adjudicated in a juvenile court for, (a) a prostitution-related offense committed while the movant was a victim of sex trafficking or proximately caused by the movant’s status as a victim of sex trafficking or (b) any other offense committed as a direct result of, or proximately caused by, the movant’s status as a victim of sex trafficking, may file a motion to set aside such conviction or adjudication.
NEB. REV. STAT. § 29-3523 (2019).
- Upon the granting of a motion to set aside a conviction or an adjudication pursuant to section 29-3005, a person who is a victim of sex trafficking, as defined in section 29-3005, may file a motion with the sentencing court for an order to seal the criminal history record information related to such conviction or adjudication.
