FAQ

Is there a sex offender living next to you?

Frequently Asked Questions

Q: WHAT STATE AGENCY IS RESPONSIBLE FOR MAINTAINING THE SEX OFFENDER REGISTRY ?
A: The State Patrol, Sex Offender Registry Division of Investigative Services.

Q: WHAT CRIMES REQUIRE A PERSON TO REGISTER?
A: Non-parental Kidnapping of a Minor, §28-313
    False Imprisonment of a Minor, §28-314 or 28-315
    Sexual Assault, §28-319 or 28-320
    Sexual Assault of a Child, §28-320.01
    Sexual Abuse of a Vulnerable Adult, §28-386(1)(c)
    Incest of a Minor, §28-703
    Pandering of a Minor, §28-802
    Visual Depiction of Sexually Explicit Conduct of a Child, §28-1463.03 or 28-1463.05
    Sexually Explicit Conduct; visual depiction, §28-813.01
    Criminal Child Enticement, §28-311
    Child Enticement by means of a computer, §28-320.02
    Conspiracy to Commit the Above Crimes
    An Attempt to Commit the Above Crimes

Q: WHO IS REQUIRED TO REGISTER?
A: A person is required to register who, as of January 1, 1997:
- Pleads guilty to or is found guilty of any crime(s) requiring registration;
- Is on probation or parole or incarcerated for any of the crimes requiring registration;
- Is released from incarceration, parole, probation for any of the crimes requiring registration;
- Enters the state of Nebraska on or after January 1, 1997, having plead guilty of any offense or having been release from incarceration, probation or parole for any offense in another state, territory, commonwealth or other jurisdiction of the United States within the ten (10) years preceding January 1, 1997 or any date thereafter that is substantially equivalent to the listed offenses.
-An offender who does not live in Nebraska but meets any of the above requirements and is employed in Nebraska or is employed at or attends a post-secondary institution in Nebraska.

Q: ARE JUVENILES REQUIRED TO REGISTER?
A: No. Unless they are found guilty in adult court.

Q: ARE PERSONS REQUIRED TO REGISTER IF THEIR CONVICTION OCCURRED IN ANOTHER STATE AND THEY NOW RESIDE IN NEBRASKA?
A: Individuals are required to register in Nebraska if the charge they were convicted of is the same or equivalent to Nebraska's Sex Offender Registry crimes.

Q: ARE SEXUALLY VIOLENT PREDATORS REQUIRED TO REGISTER?
A: All sex offenders that meet Nebraska's registry's requirements are required to register, including individuals that have been declared sexually violent predators by the court. Sexually violent predators are required to register a minimum of 10 years and remain registered until the court determines the person no longer suffers from a mental abnormality or personality disorder that makes the person likely to engage in a sexually violent offense.

Q: WHICH OFFENDERS ARE CLASSIFIED AS "SEXUALLY VIOLENT PREDATORS"?
A: A sexually violent predator is a person who has been convicted of one or more of the offenses requiring registration and who suffers from a mental abnormality or personality disorder, making them likely to commit sexually violent offenses for the purpose of victimization. An offender can only be determined a sexual violent predator by the sentencing court after considering evidence from experts on behavior and treatment of sexual offenders.

Q: HOW LONG MUST A SEX OFFENDER REGISTER?
A: Sex offenders are required to register during any period of supervised release and shall continue to comply with registration for a period of ten (10) years after the date of discharge from supervision or incarceration. Offenders who were convicted of an aggravated offense or have prior convictions for sex related offenses will be subject to lifetime registration. Aggravated offense is defined as “any registration offense which involves the penetration of (i) a victim age twelve years or more through the use of force or the threat of serious violence or (ii) a victim under the age of twelve”.

Q: WHEN IS AN OFFENDER REQUIRED TO REGISTER?
A: Sex offenders are required to register upon release from the sentencing court, city jail, county jail, state correctional facility or private/public institution. An offender moving to Nebraska who is subject to the registry must notify the local county sheriff in the county in which they reside or are temporarily domiciled within five (5) working days of the move to Nebraska. An offender who does not live in Nebraska but is employed in Nebraska or is employed/attends a post-secondary institution in Nebraska must register within (5) working days of employment or enrollment.

Q: WHAT IS THE REGISTRATION PROCESS?
A: The registration form contains the offender's name, address, telephone number, date of birth, social security number, physical description, complete address history, vehicle information, employment status, employment or attendance at a school, and incarceration(s) and criminal history. A registering agency will complete this form, have the registrant sign it, obtain fingerprints and photographs of the offender. There is no charge for this process.

Q: CAN AN OFFENDER LIST A POST OFFICE BOX NUMBER WITHOUT PROVIDING A STREET ADDRESS WHEN REGISTERING?
A: No. It must be a locate-able, physical address.

Q: WHAT HAPPENS IF AN OFFENDER MOVES?
A: Registrants must inform the local sheriff's office of all address changes. When the registrant moves to another county, they must notify the current sheriff's office and register with the new sheriff's office with in five (5) working days. Similarly, when an offender moves out-of-state they must notify the sheriff's office where they presently reside or are temporarily domiciled and then comply with the registry laws of the state to which they have moved.

Q: HOW DOES NEBRASKA'S SEX OFFENDER REGISTRY DETERMINE IF REGISTERED OFFENDERS ARE REPORTING CHANGES OF ADDRESSES?
A: According to the Nebraska Sex Offender Act, the registrants' addresses will be verified through an address verification process which is done on the anniversary month of their registration. This will be done by non-forwarding or certified mail requests. This will be done annually unless the offender has been deemed a "sexually violent predator" by the court in which case address verifications will be done quarterly. However, all law enforcement agencies are encouraged to check registrant's addresses periodically.

Q: CAN THE PUBLIC REQUEST INFORMATION ON ANY REGISTERED SEX OFFENDERS?
A: No. The public is only granted access to sex offenders who are classified as a high risk/Level 3 sex offenders.

Q: IS THERE ANY RESTRICTIONS AS TO WHERE OR WITH WHOM A SEX OFFENDER CAN LIVE?
A: The Sex Offender Registration Act does not have the authority to place restrictions on a registered sex offender as to where or with whom they can live.

Q: HOW DOES THE PUBLIC NOTIFICATION SYSTEM WORK?
A: The Nebraska Sex Offender Registration Act has mandated a notification process that is based on a three-tiered risk system. All registrants will be classified into one of three risk levels according to their risk to re-offend sexually; low risk/level 1, moderate risk/level 2, or high risk/level 3. The risk level is determined by a risk assessment instrument developed by the University of Nebraska Law/Psychology Department. The Sex Offender Registration Act then dictates what entities will receive the information about the sex offender.

If the risk level is low/level 1, law enforcement agencies shall be notified.

If the risk level is moderate/level 2, in addition to the notifying local law enforcement, schools, daycare centers, and religious and youth organizations in which the registrant resides shall be notified.

If the risk level is high/level 3, in addition to notifying local law enforcement, schools, daycare centers, and religious and youth organizations, the public will be notified through news releases directed to the media within the state. Additional news releases, community meetings or direct contact with neighbors may be utilized by local law enforcement to provide notice in addition to the State Patrol news release.

Q: WHO COMPLETES THE RISK ASSESSMENTS AND HOW IS THE OFFENDER'S RISK LEVEL DETERMINED?
A: The risk assessment instrument is completed by a Nebraska State Patrol, Sex Offender Registry Division research analysts. The risk assessment classifies the sex offender by looking at 14 factors relevant to the sex offender's risk to re-offend sexually. The risk assessment instrument is located on the Nebraska State Patrol's web page at www.nsp.state.ne.us under Sex Offender Registry Documents. A summary of these factors are:

The number of convictions for sex/sex related offenses.
The number of convictions for other offenses.
The number of charges for sex/sex related convictions, not resulting in conviction
The age of arrest for the first sex/sex related conviction/adjudication.
The offender's relationship to the victim(s).
The gender of the victim(s).
The age of the victim(s).
The nature of sexually assaultive behavior.
Convictions in more than one jurisdiction.
Whether the offender is currently on supervision or has a history of violating supervision.
The disciplinary misconduct during confinement/incarceration
Documented threats toward the victim(s).
Mental health diagnostic history and treatment.
Length of time between supervision and a felony or class I or II misdemeanor.

Q: HOW ARE OFFENDERS NOTIFIED OF THEIR RISK LEVEL?
A: Registrants are sent a letter by certified mail notifying them of their classification level. A summary of the risk assessment scoring is also sent. If someone disputes the information used, the registrant can request an administrative hearing.

Q: HOW WILL NOTIFICATION BE MADE?
A: Low Risk/Level 1: All sex offender registry information is always available to Nebraska's law enforcement. However, the Sex Offender Registry will provide specific information to the sheriff's office and all police departments within the sex offender's county of residence.

Moderate Risk/Level 2: In addition to notifying local law enforcement, the State Patrol has contracted with a company to notify qualified entities by email, fax or phone. This notification is made to the entities in the county where the registrant resides.

High Risk/Level 3: In addition to notifying local law enforcement agencies, schools, daycare centers, and religious and youth organizations, the public will be notified through news releases directed to the media within the state. Additional news releases, community meetings or direct contact with neighbors may be utilized by local law enforcement to provide notice in addition to the State Patrol news release. The public can also search the past press releases by connecting with the Nebraska State Patrol web site. They may search the site by last name, city, county or zip code. This will be information for only sex offenders classified as high risk/level 3.

Q: WHO IS RESPONSIBLE FOR CONDUCTING THE PUBLIC NOTIFICATIONS?
A: The Nebraska State Patrol shall provide initial Level 3 notifications by making news releases directed to media within the state. Additional news releases, community meetings or direct contact with neighbors may be done by local law enforcement agencies to provide notice in addition to the State Patrol news release.

Q: WHAT INFORMATION IS GIVEN OUT ABOUT A HIGH RISK/LEVEL 3 SEX OFFENDER?
A: The information released will be the sex offender's risk level, name, address, photograph, physical description and the offense or offenses which required the individual to register as a sex offender.

Q: CAN A CITIZEN INQUIRE WHETHER OR NOT A PERSON IS CLASSIFIED AS A HIGH RISK/LEVEL 3 SEX OFFENDER?
A: Yes. The public can refer to their local news release outlets or can find information about high risk/level 3 sex offenders on the Nebraska State Patrol's web site at www.nsp.state.ne.us. Searches can be conducted from the State Patrol's Sex Offender news releases by entering last name, city, county, zip code or viewing the entire list of high risk/level 3 offenders

Q: WHO IS NOTIFIED ABOUT MODERATE RISK/LEVEL 2 SEX OFFENDERS?
A: Law enforcement, schools, daycare centers, and religious and youth organizations.

Q: BY WHAT METHOD CAN I RECEIVE SEX OFFENDER NOTIFICATION?
A: The Nebraska State Patrol has three methods of notification. The most efficient and immediate is email notification. Qualified agencies can send their email address along with the name of their agency, telephone number, patrol assigned user id and password if available to the following email address sor@nsp.state.ne.us. Agencies without access to email can have the notification sent by fax or receive a telephone call. The telephone call requires the agency to enter their patrol assigned pin number to receive the information. If you have questions about your pin number, user id or password, you may contact the sex offender registry using the above email or call (402) 471-8647.

Q: WILL PUBLIC NOTIFICATION BE DONE ON "LOW" OR "MODERATE" RISK OFFENDERS?
A: No. The public is only notified on high risk offenders.

Q: WHAT SHOULD THE PUBLIC DO IF A SEX OFFENDER IS IN THEIR NEIGHBORHOOD?
A: The information is used to provide public notice and information about a registrant so a community can develop constructive safety plans for themselves and their family. The notification process will decrease a sex offender’s ability to act secretly, but parents will have the biggest impact by teaching children about personal safety. A family should develop a safety plan. Children need to be educated about safety tips for both strangers and people with whom they are familiar. Have open communication with your children and review safety tips frequently. Avoid situations that make you or your children vulnerable for an offender. For example, children and parents need to be alert to suspicious behavior such as a person who approaches children/youth without a specific reason or a person that hangs around schools, parks, or other places where children/teens frequent. Avoid scaring them but tell children not to accept rides and to stay away from a person's home/yard they do not know. Use the buddy system when playing outdoors. Have the children tell the parents if a person tries to talk to them and call 911 if a person approaches them and no other adults are around.

Parents should define and demonstrate appropriate physical affection and teach children that they have a right to say no to anyone that is touching them in a way that makes them uncomfortable. If parents teach the child accurate sexual education and terminology for body parts, they are more likely to perceive that it is safe to confide in the parents and to be able to describe the situation, if something does occur. Without this type of information, children will have difficulty discerning what is appropriate and inappropriate. This is especially true if the perpetrator is someone they trust that is telling them that such inappropriate behavior is acceptable. Such dialogue also assures them that they won't be in trouble and that the perpetrator is the one responsible. Encourage them to tell about inappropriate touching no matter what the person tells them. Teach them to keep telling until someone intervenes.

Q: AS A PARENT HOW CAN I TELL IF A PERSON IS A SEX OFFENDER?
A: Sex offenders have always been in our communities. There is no typical sex offender. Stereotypes often are not true. Most offenders are known to victims and are often put in a position of trust with their victim. Parents should be cautious about people who spend a lot of time with children in the absence of other adults or who spend more time with children than with other adults. They should also be aware of a person that frequently wants to take their child alone on vacations or other trips. Other signs may be an influx of gift giving to the child. Parents can also monitor the child's behavior for any changes in interactions with other people including the parents. Some possible signs of abuse may be withdrawal, poor school performance, fear of people, sexual acting out, unexplained physical problems associated with private parts and/or the mouth.