Over the last couple of decades, most states across the nation have strengthened their sex offender statutes and penalties as well as created statewide sex offender registries. Nebraska is one of those states. An individual who has been convicted of a sex offense that requires registration must then register with the Nebraska Sex Offender Registry. In addition to registering, a convicted sex offender must also comply with additional rules and regulations in many states. One common question both offenders, loved ones of an offender, and the public at large often have is “Can a child sex offender live with children?”
In the State of Nebraska there is no statewide prohibition that prevents a registered child sex offender from living in a home where children are present, or even where children officially live. Nebraska law does allow individual cities to enact legislation that restricts where a sexual predator may live if he/she moved to the city after the law was passed in July of 2006. Sexual predator means an individual who is required to register under the Sex Offender Registration act, who has committed an aggravated offense. Not everyone who is required to register with the Sex Offender Registry is a sexual predator. Furthermore, living restriction laws can only restrict an offender’s arrangements as they apply to proximity to a school or daycare. In other words, a city might be able to pass a law that prohibits a registered sexual predator from living within 1000 feet of a school or daycare; however, the law cannot prohibit a registered sexual predator from living in a home where there are children as long as the residence is not close to a school or daycare.
Keep in mind that while there is no law prohibiting a registered child sex offender from living in a home where there are children that does not mean that the Nebraska Division of Children and Family Services (DCFS) will not investigate such a living arrangement. Just because the living arrangement does not violate the law does not mean DCFS will find it appropriate. In fact, if DCFS has a reason to conduct an investigation, the odds are good that the situation will be highly scrutinized.
If you have been convicted of a child sex offense and are now out in the community it is imperative that you consult with an experienced Nebraska criminal defense attorney to be certain you understanding your reporting requirements as well as the conditions of your parole or probation. Failing to understand your reporting/release requirements is no a viable defense for violating those conditions.
If you have been charged with a criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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