Current Through February 2016

Physical Abuse

Citation: Rev. Stat. § 28-710‘Child abuse or neglect’ means knowingly, intentionally, or negligently causing, or permitting a minor child to be placed in a situation that endangers his or her life or physical health, or causes or permits a child to be cruelly confined or cruelly punished.

Neglect

Citation: Rev. Stat. § 28-710‘Child abuse or neglect’ means knowingly, intentionally, or negligently causing or permitting a minor child to be deprived of necessary food, clothing, shelter, or care or causing or permitting a child age 6 or younger to be left unattended in a motor vehicle.

Sexual Abuse/Exploitation

Citation: Rev. Stat. § 28-710The term ‘child abuse or neglect’ includes knowingly, intentionally, or negligently causing or permitting a minor child to be:

• Sexually abused
• Sexually exploited by allowing, encouraging, or forcing the child to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions

Emotional Abuse

Citation: Rev. Stat. § 28-710The term ‘child abuse or neglect’ includes knowingly, intentionally, or negligently causing or permitting a minor child to be placed in a situation that endangers his or her mental health.

Abandonment

Citation: Rev. Stat. § 28-705(3)
When a person abandons and neglects to provide for his or her child or dependent stepchild for 3 consecutive months or more, it shall be prima facie evidence of intent to commit abandonment of a child or dependent stepchild.

Standards for Reporting

Citation: Rev. Stat. § 28-711
A report is required when a mandatory reporter or any other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances that reasonably would result in child abuse or neglect.

Persons Responsible for the Child

Citation: Rev. Stat. § 28-710A report must be made when any person is responsible for the abuse or neglect of a child.

Exceptions

No exceptions are specified in statute.

Current Through August 2017

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 42-903‘Abuse’ means the occurrence of one or more of the following acts between family or household members:

• Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument
• Placing, by means of credible threat, another person in fear of imminent bodily injury
• Engaging in sexual contact or sexual penetration without consent, as defined in § 28-318

For purposes of this subdivision, ‘credible threat’ means a verbal or written threat, including a threat performed through the use of an electronic communication device or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct that is made by a person with the apparent ability to carry out the threat, so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat shall not prevent the threat from being deemed a credible threat under this section.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 28-323A person commits the offense of ‘domestic assault in the third degree’ if he or she:

• Intentionally and knowingly causes bodily injury to his or her intimate partner
• Threatens an intimate partner with imminent bodily injury
• Threatens an intimate partner in a menacing manner

A person commits the offense of ‘domestic assault in the second degree’ if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.

A person commits the offense of ‘domestic assault in the first degree’ if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.

Persons Included in the Definition

Citation: Rev. Stat. §§ 42-903; 28-323In civil law: ‘Family or household members’ includes the following:

• Spouses or former spouses
• Children
• Persons who are presently residing together or who have resided together in the past
• Persons who have a child in common whether or not they have been married or have lived together at any time
• Other persons related by consanguinity or affinity
• Persons who are presently or who have been involved in a dating relationship with each other

‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context.

In criminal law: ‘Intimate partner’ means any of the following:

• A spouse or former spouse
• Persons who have a child in common whether or not they have been married or lived together at any time
• Persons who are or were involved in a dating relationship

‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context.

Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.