State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-311

28-311. Criminal childenticement; attempt; penalties.(1) No person, by any means and without privilege to do so,shall knowingly solicit, coax, entice, or lure or attempt to solicit, coax, entice, or lure anychild under the age of fourteen years to enter into any vehicle, whether ornot the person knows the age of the child.(2) It is anaffirmative defense to a charge under this section that:(a) The person had theexpress or implied permission of the parent, guardian, or other legal custodianof the child in undertaking the activity;(b)(i) The person is alaw enforcement officer, emergency services provider as defined in section 71-507, firefighter, or other person who regularly provides emergency services,is the operatorof a bookmobile or other such vehicle operated by the state or a politicalsubdivision and used for informing, educating, organizing, or transportingchildren, is apaid employee of, or a volunteer for, a nonprofit or religious organizationwhich provides activities for children, or is an employee or agent of or a volunteer actingunder the direction of any board of education and (ii)the person listedin subdivision (2)(b)(i) of this section was, at the time the person undertook theactivity, actingwithin the scope of his or her lawful duties in that capacity; or(c) The person undertook theactivity in response to a bona fide emergency situation or the person undertook the activity in responseto a reasonable belief that it was necessary to preserve the health, safety,or welfare of the child.(3) Any person who violates this section commits criminalchild enticement and is guilty of a Class IIIAfelony. If such person has previously been convicted of (a) criminalchild enticement under this section, (b) sexual assault of a child in thefirst degree under section 28-319.01, (c) sexual assault of a child in thesecond or third degree under section 28-320.01, (d) child enticement by means of an electronic communicationdevice under section 28-320.02, or (e) assaultunder section 28-308, 28-309, or 28-310, kidnapping under section 28-313,or false imprisonment under section 28-314 or 28-315 when the victim was undereighteen years of age when such person violates this section, such personis guilty of a Class III felony. SourceLaws 1999, LB 49, § 2; Laws 2006, LB 1199, § 3; Laws 2009, LB97, § 10. Cross ReferencesRegistration of sex offenders, see sections 29-4001 to 29-4014.