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NEBRASKA

28-806. Public indecency; penalty.

(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:

    (a) An act of sexual penetration; or

    (b) An exposure of the genitals of the body done with intent to affront or alarm any person; or

    (c) A lewd fondling or caressing of the body of another person of the same or opposite sex.

(2) Public indecency is a Class II misdemeanor.
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NAC NOTE: THE FOLLOWING SECTION HAS THE POSSIBILITY OF IMPROPER ENFORCEMENT CONCERNING MINORS AND "PUBLIC INDECENCY." THE TEXT IS PRESENTED HERE FOR INFORMATIONAL REFERENCE.

28-707
Child abuse; privileges not available; penalties.

         (1) A person commits child abuse if he or she knowingly, intentionally, or negligently  causes  or  permits a minor child to be:
         (a)  Placed  in  a situation that endangers his or her life or physical or mental health;
         (b) Cruelly confined or cruelly punished;
         (c) Deprived of necessary food, clothing,  shelter,  or care;
         (d)  Placed  in a situation to be sexually exploited by allowing, encouraging, or forcing such minor child to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions; or
         (e)  Placed  in  a situation to be sexually abused as defined in section 28-319 or 28-320.01.
         (2)  The statutory privilege between patient and physician, between client and professional counselor, and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for a violation of this section.
         (3) Child abuse is a Class I misdemeanor if the offense is committed negligently.
         (4)  Child abuse is a Class IIIA felony if the offense is committed knowingly and intentionally and does not  result in serious bodily injury as defined in section 28-109.
         (5) Child abuse is a Class III felony if the offense is committed knowingly  and intentionally  and results in serious bodily injury as defined in such section.
         (6) Child abuse is a Class IB felony if the offense  is committed knowingly and intentionally and results in the death of such child.

Source:
Laws 1977, LB 38, 146; Laws 1982, LB 347, 10; Laws 1993, LB 130, 3;
Laws 1993, LB 430, 3; Laws 1994, LB 908, 1; Laws 1996, LB 645, 15;
Laws 1997, LB 364, 9.

Cross Reference:
Appointment of guardian ad litem,
see section 43-272.01.

Annotations:
   "Endangers" as used in subsection (1)(a) of this section means to expose a minor child's life or health to danger
or the peril of probable harm or loss. State v. Crowdell, 234 Neb. 469, 451 N.W.2d 695 (1990).
   Subsections (1)(a) and (c) of this section are not void for vagueness and are thus constitutional. State v. Crowdell, 234 Neb. 469, 451 N.W.2d 695 (1990).
   The term cruelly punished as used in this statute has acquired a relatively widely accepted connotation in the law and is capable of an easily understood meaning.  State v. Sinica, 220 Neb. 792, 372 N.W.2d 445 (1985).
   Jury instruction given by trial court adequately distinguished the crimes of intentional child abuse and negligent child abuse. State v. Fitzgerald, 1 Neb. App. 315, 493 N.W.2d 357 (1992).
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NAC NOTE : Nebraska has not previously allowed counties to adopt ordinances. However, as a result of the passage of recent legislation (LB 532, which was passed in 2009 and became effective on August 30, 2009), counties may now adopt ordinances, as cities and villages in the state have long been permitted to do. Among the new ordinance-making powers is the specific authorization for creating county ordinances addressing public nudity.

CHAPTER 23
COUNTY GOVERNMENT AND OFFICERS
ARTICLE 1
GENERAL PROVISIONS
(j) ORDINANCES

23-187 Subjects regulated; power to enforce.

(1) In addition to the powers granted by section 23-104, a county may, in the manner specified by sections 23-187 to 23-193, regulate the following subjects by ordinance:

(a) Parking of motor vehicles on public roads, highways, and rights-of-way as it pertains to snow removal for and access by emergency vehicles to areas within the county;

(b) Motor vehicles as defined in section 60-339 that are abandoned on public or private property;

(c) Graffiti on public or private property;

(d) False alarms from electronic security systems that result in requests for emergency response from law enforcement or other emergency responders; and

(e) Violation of the public peace and good order of the county by disorderly conduct, lewd or lascivious behavior, or public nudity.

(2) For the enforcement of any ordinance authorized by this section, a county may impose fines, forfeitures, or penalties and provide for the recovery, collection, and enforcement of such fines, forfeitures, or penalties. A county may also authorize such other measures for the enforcement of ordinances as may be necessary and proper. A fine enacted pursuant to this section shall not exceed five hundred dollars for each offense.

Source: Laws 2009, LB532,  1.
Effective date August 30, 2009.


23-188 County board; notice; contents; public hearing.

A county board shall provide notice of the time when any county ordinance is set for consideration before the board. Such notice shall appear at least once a week for two weeks in a newspaper published or of general circulation in the county. The notice shall contain the entire wording of the ordinance and the time and place of the public hearing. The last publication of the notice shall be not less than five days nor more than two weeks prior to the time set for the public hearing on the adoption of the ordinance. A county board shall not take final action on the proposed ordinance until after at least one public hearing has been held thereon by the county board at which public comment regarding the proposed ordinance was permitted.

Source: Laws 2009, LB532,  2.
Effective date August 30, 2009.


23-189 Proof of ordinance; proof of adoption and publication.

A county ordinance may be proved by the certificate of the county clerk under the seal of the county. The adoption and publication of the ordinance shall be sufficiently proved by a certificate under the seal of the county, from the county clerk, showing (1) that such ordinance was adopted and (2) when and in what paper the ordinance was published or when, by whom, and where the ordinance was posted.

Source: Laws 2009, LB532,  3.
Effective date August 30, 2009.


23-190 County ordinance; reading by title; suspension of requirement; adoption;

vote required; revision or amendment.

(1) A county ordinance shall be read by title on three different days unless three-fourths of the county board members, following the public hearing on the ordinance, vote to suspend this requirement. If such requirement is suspended, the ordinance shall be read by title or number and then moved for final adoption. Three-fourths of the county board members may require a reading of any such ordinance in full before adoption under either procedure set out in this section. The votes of each member shall be called aloud and recorded. To adopt any ordinance, the concurrence of a majority of the whole number of the members of the county board shall be required.

(2) A county ordinance shall contain no subject which is not clearly expressed in the title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section that is amended is repealed.

Source: Laws 2009, LB532,  4.
Effective date August 30, 2009.


23-191 Style of ordinance; publication.

The style of county ordinances shall be: ''Be it ordained by the county board of the county of TTTTTTTTTTTT,'' and all county ordinances shall, within fifteen days after they are adopted, be published in some newspaper published or of general circulation within the county.

Source: Laws 2009, LB532,  5.
Effective date August 30, 2009.


23-192 Ordinance; territorial application; copy provided to clerk of city and village within county; effective date; change of jurisdiction; effect.

(1) No ordinance adopted pursuant to sections 23-187 to 23-193 shall be effective within the corporate boundaries of any incorporated city or village located in whole or in part within the county. No ordinance adopted pursuant to sections 23-187 to 23-193 shall be effective within the area outside of the corporate boundaries of any city or village in which such city or village has been granted and is exercising powers by ordinance on a similar subject matter. Every county ordinance adopted pursuant to sections 23-187 to 23-193 shall include one section defining the area of the county within which the county ordinance is effective. The ordinance shall be amended to reflect any changes in the area of the county's jurisdiction resulting from
(a) annexation by a city or village,
(b) action by a city or village to adopt an ordinance regarding similar subject matter to that of the county ordinance if the city or village ordinance is to be effective in areas beyond its corporate boundary,  or
(c) any changes in the area of jurisdiction of the city or village regarding such city or village ordinance.

(2) Before a county adopts an ordinance under sections 23-187 to 23-193, the county clerk shall provide a copy of the text of the ordinance to the clerk of each city and village within the county no later than seven days after the first reading of the ordinance or the public hearing on the ordinance, whichever occurs first. Within seven days after receiving a copy of the ordinance, the city or village shall respond to the county and provide a copy of any ordinance specifying where the city or village is enforcing an ordinance on similar subject matter outside its corporate boundaries. Any ordinance adopted by the county shall not be effective in the area in which the city or village is exercising jurisdiction. Prior to the adoption of the county ordinance, the section of the ordinance that defines the area of county jurisdiction shall be amended to show the removal of the area of the jurisdiction of such city or village as indicated in the city or village ordinance provided to the county from the description of the area within which the county ordinance will be effective. An ordinance adopted under sections 23-187 to 23-193 shall not be effective until fifteen days after its adoption.


23-192 COUNTY GOVERNMENT AND OFFICERS

(3) Any city or village located in whole or in part within a county that has adopted an ordinance pursuant to sections 23-187 to 23-193 which (a) annexes any territory, (b) adopts an ordinance on similar subject matter to that of the county ordinance and extends the jurisdiction of the city or village under such ordinance to areas beyond its corporate boundaries, or (c) changes the area beyond the corporate boundaries of the city or village within which the city or village exercises jurisdiction by ordinance on similar subject matter to that of the county ordinance shall provide to the county clerk a copy of the ordinance establishing and delineating its jurisdiction or any change to that jurisdiction within seven days after the adoption of the relevant city or village ordinance.

Upon the effective date of the city or village ordinance, the county ordinance shall cease to be effective within the area in which the city or village has assumed jurisdiction. The county board shall promptly amend its ordinance to reflect the change in the area within which the county ordinance is effective.

Source: Laws 2009, LB532,  6.
Effective date August 30, 2009.

23-193 County attorney; powers; filing of ordinances.

A county attorney may sign and prosecute a complaint in the county court for a violation of an ordinance of the county in which he or she serves as county attorney. No county may prosecute a complaint for a violation of an ordinance unless such county has on file with the court a current copy of the ordinances of such county. Subject to guidelines provided by the State Court Administrator, the court shall prescribe the form in which such ordinances shall be filed.

Source: Laws 2009, LB532,  7.
Effective date August 30, 2009.
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LINCOLN, NEBRASKA
Lincoln Municipal Code
Title 9 PUBLIC PEACE AND WELFARE
Chapter 9.16 Offenses Against Public Decency

9.16.230 Public Nudity; Unlawful.

(a) It shall be unlawful for a person to, knowingly or intentionally, in a public place or in any place open to the public, appear in a state of nudity.

(b) 'Nudity' means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state.

(c) This section shall not apply to:

    (1) Any theater, concert hall, art center, museum, or similar establishment which
    is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibit or performance;

    (2) Any dressing/changing room or restroom facility open to the public;

    (3) Any person under twelve years of age; or

    (4) Mothers who are breast feeding.

(Ord. 17757 1; November 6, 2000: prior Ord. 17730 1; September 25, 2000: prior Ord. 16935 2; February 20, 1996).

 


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