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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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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