Statutes: Judgments: Appeal and Error.
Statutory interpretation presents a question of law. When
reviewing questions of law, an appellate court has an
obligation to resolve the questions independently of the
conclusion reached by the trial court.
Sentences: Appeal and Error. An appellate
court will not disturb sentences that are within statutory
limits, unless the district court abused its discretion in
establishing the sentences.
Convicted Sex Offender: Sentences. Any sex
offender convicted of a registrable offense under Neb. Rev.
Stat. § 29-4003 (Reissue 2016) punishable by
imprisonment for more than 1 year and convicted of an
aggravated offense shall register on the sex offender
registry for life.
Convicted Sex Offender. An aggravated
offense for purposes of the Sex Offender Registration Act
means any registrable offense under Neb. Rev. Stat. §
29-4003 (Reissue 2016) which involves the direct genital
touching of (1) a victim age 13 years or older without the
consent of the victim, (2) a victim under the age of 13
years, or (3) a victim who the sex offender knew or should
have known was mentally or physically incapable of resisting
or appraising the nature of his or her conduct.
Convicted Sex Offender: Words and Phrases.
The definitions of sexual conduct under Nebraska law and
federal law make a distinction between the direct touching of
a victim's private parts and the touching of the clothing
covering the victim's private parts.
___. The term "direct genital touching" for
purposes of finding an aggravated offense under the Sex
Offender Registration Act requires evidence that the actor
touched the victim's genitals under the victim's
Neb.App. 544] 7. Sentences.
When imposing a sentence, the sentencing judge should
consider the defendant's (1) age, (2) mentality, (3)
education and experience, (4) social and cultural background,
(5) past criminal record or record of law-abiding conduct,
and (6) motivation for the offense, as well as (7) the nature
of the offense and (8) the violence involved in the
commission of the offense. The sentencing court is not
limited to any mathematically applied set of factors.
The appropriateness of a sentence is necessarily a subjective
judgment and includes the sentencing judge's observation
of the defendant's demeanor and attitude and all the
facts and circumstances surrounding the defendant's life.
from the District Court for Polk County: Rachel A. Daugherty,
Timothy P. Matas for appellant.
Douglas J. Peterson, Attorney General, and Siobhan E. Duffy
Pirtle, Riedmann, and Arterburn, Judges.