Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-707 (2026)

Child abuse; privileges not available; penalties

✓ current as of July 2026
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(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 through sex trafficking of a minor as defined in section 28-830 or by allowing, encouraging, or forcing such minor child to engage in debauchery, public indecency, or obscene or pornographic photography, films, or depictions;

(e) Placed in a situation to be sexually abused as defined in section 28-319, 28-319.01, or 28-320.01; or

(f) Placed in a situation to be a trafficking victim as defined in section 28-830.

(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 and does not result in serious bodily injury as defined in section 28-109 or death.

(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 or death.

(5) Child abuse is a Class IIIA felony if the offense is committed negligently and results in serious bodily injury as defined in section 28-109.

(6) Child abuse is a Class IIA felony if the offense is committed negligently and results in the death of such child.

(7) Child abuse is a Class II felony if the offense is committed knowingly and intentionally and results in serious bodily injury as defined in such section.

(8) Child abuse is a Class IB felony if the offense is committed knowingly and intentionally and results in the death of such child.

(9) For purposes of this section, negligently refers to criminal negligence and means that a person knew or should have known of the danger involved and acted recklessly, as defined in section 28-109, with respect to the safety or health of the minor child.

Notes of Decisions
Cited in 154 cases (49 in the last 5 years), 1984–2026 · leading case: State v. Montoya, 304 Neb. 96 (Neb. 2019).
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State v. Montoya, 304 Neb. 96 (Neb. 2019). · cites it 71× “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
State v. Mendez-Osorio, 297 Neb. 520 (Neb. 2017). · cites it 31× “§ 28-1205 (1) (Reissue 2016); and count III, misdemeanor negligent child abuse under Neb. Rev. Stat. § 28-707 (1) and (3) (Reissue 2016).”
State v. Chauncey, 890 N.W.2d 453 (Neb. 2017). · cites it 13× “453 offense occurred, see Neb. Rev. Stat. § 28-707 (Reissue 2008 & Cum.”
State v. Ettleman, 303 Neb. 581 (Neb. 2019). · cites it 17× “§ 28-206 (Reissue 2016) ; and count III, child abuse, a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-707 (Reissue 2016). On March 27, 2017, pursuant to a plea agreement, Ettleman pled "no contest" to an amended count I (now attempted possession of a controlled substance,…”
State v. Olbricht, 885 N.W.2d 699 (Neb. 2016). · cites it 7× “was lethargic and 2 Neb. Rev. Stat. § 28-707 (1) and (7) (Cum.”
State v. Faber, 647 N.W.2d 67 (Neb. 2002). · cites it 23× “NATURE OF CASE Robert Faber was charged by information in the district court for Madison County with knowing and intentional child abuse *202 pursuant to Neb. Rev. Stat. § 28-707 (1) and (4) (Cum.”
Am. Fam. Mut. Ins. v. Hadley, 648 N.W.2d 769 (Neb. 2002). · cites it 16× “The offense of "child abuse" is defined by § 28-707, which is included within the Nebraska Criminal Code.”
State v. Crowdell, 451 N.W.2d 695 (Neb. 1990). · cites it 23× “Intentional violation of Neb. Rev. Stat. § 28-707 (Reissue 1989) is a Class IV felony, which is punishable by maximum imprisonment for 5 years, a $10,000 fine, or both such imprisonment and fine.”
State v. Smith, 302 Neb. 154 (Neb. 2019). · cites it 6× “, who is Rochelle's daughter from a prior relationship and who was born in February 2001.”
State v. Molina, 713 N.W.2d 412 (Neb. 2006). · cites it 9× “Child abuse resulting in death is proscribed by Neb. Rev. Stat. § 28-707 (Cum. Supp. 2004), which provides, as pertinent to the charge in this case: (1) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be: (b)…”
State v. Ferguson, 301 Neb. 697 (Neb. 2018). · cites it 9× “§ 28-707 (1) and (3) (Reissue 2016)-specifically, that Ferguson, acting negligently, had placed his minor children, ages 8 and 6 at the time of the stop, in a situation that endangered their lives or **701 physical or mental health, or deprived them of necessary food, clothing,…”
State v. Draper, 886 N.W.2d 266 (Neb. 2016). · cites it 5× “Intentional child abuse resulting in death is a Class IB felony3 and is punishable 3 Neb. Rev. Stat. § 28-707 (6) (Cum. Supp. 2010).”
Show all 154 citing cases →
— Neb. Rev. Stat. § 28-707(1) — 41 cases
State v. Ettleman, 303 Neb. 581 (Neb. 2019). “§ 28-206 (Reissue 2016) ; and count III, child abuse, a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-707 (Reissue 2016). On March 27, 2017, pursuant to a plea agreement, Ettleman pled "no contest" to an amended count I (now attempted possession of a controlled substance,…”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
State v. Faber, 647 N.W.2d 67 (Neb. 2002). “NATURE OF CASE Robert Faber was charged by information in the district court for Madison County with knowing and intentional child abuse *202 pursuant to Neb. Rev. Stat. § 28-707 (1) and (4) (Cum.”
State v. Sinica, 372 N.W.2d 445 (Neb. 1985).
Am. Fam. Mut. Ins. v. Hadley, 648 N.W.2d 769 (Neb. 2002). “The offense of "child abuse" is defined by § 28-707, which is included within the Nebraska Criminal Code.”
— Neb. Rev. Stat. § 28-707(1)(a) — 26 cases
State v. Mendez-Osorio, 297 Neb. 520 (Neb. 2017). “§ 28-1205 (1) (Reissue 2016); and count III, misdemeanor negligent child abuse under Neb. Rev. Stat. § 28-707 (1) and (3) (Reissue 2016).”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
State v. Matteson, 985 N.W.2d 1 (Neb. 2023).
State v. Ferguson, 301 Neb. 697 (Neb. 2018). “§ 28-707 (1) and (3) (Reissue 2016)-specifically, that Ferguson, acting negligently, had placed his minor children, ages 8 and 6 at the time of the stop, in a situation that endangered their lives or **701 physical or mental health, or deprived them of necessary food, clothing,…”
State v. Crowdell, 451 N.W.2d 695 (Neb. 1990). “Intentional violation of Neb. Rev. Stat. § 28-707 (Reissue 1989) is a Class IV felony, which is punishable by maximum imprisonment for 5 years, a $10,000 fine, or both such imprisonment and fine.”
— Neb. Rev. Stat. § 28-707(1)(b) — 2 cases
State v. Chauncey, 890 N.W.2d 453 (Neb. 2017). “453 offense occurred, see Neb. Rev. Stat. § 28-707 (Reissue 2008 & Cum.”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
— Neb. Rev. Stat. § 28-707(1)(c) — 2 cases
State v. Mendez-Osorio, 297 Neb. 520 (Neb. 2017). “§ 28-1205 (1) (Reissue 2016); and count III, misdemeanor negligent child abuse under Neb. Rev. Stat. § 28-707 (1) and (3) (Reissue 2016).”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
— Neb. Rev. Stat. § 28-707(1)(d) — 2 cases
State v. Carrera, 25 Neb. Ct. App. 650 (Neb. Ct. App. 2018).
State v. Carrera, 25 Neb. Ct. App. 650 (Neb. Ct. App. 2018).
— Neb. Rev. Stat. § 28-707(1)(e) — 1 case
State v. Hamed (Neb. Ct. App. 2017).
— Neb. Rev. Stat. § 28-707(3) — 17 cases
State v. Mendez-Osorio, 297 Neb. 520 (Neb. 2017). “§ 28-1205 (1) (Reissue 2016); and count III, misdemeanor negligent child abuse under Neb. Rev. Stat. § 28-707 (1) and (3) (Reissue 2016).”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
Am. Fam. Mut. Ins. v. Hadley, 648 N.W.2d 769 (Neb. 2002). “The offense of "child abuse" is defined by § 28-707, which is included within the Nebraska Criminal Code.”
State v. Molina, 713 N.W.2d 412 (Neb. 2006). “Child abuse resulting in death is proscribed by Neb. Rev. Stat. § 28-707 (Cum. Supp. 2004), which provides, as pertinent to the charge in this case: (1) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be: (b)…”
State v. Ettleman, 303 Neb. 581 (Neb. 2019). “§ 28-206 (Reissue 2016) ; and count III, child abuse, a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-707 (Reissue 2016). On March 27, 2017, pursuant to a plea agreement, Ettleman pled "no contest" to an amended count I (now attempted possession of a controlled substance,…”
— Neb. Rev. Stat. § 28-707(4) — 18 cases
State v. Smith, 302 Neb. 154 (Neb. 2019). “, who is Rochelle's daughter from a prior relationship and who was born in February 2001.”
State v. Ettleman, 303 Neb. 581 (Neb. 2019). “§ 28-206 (Reissue 2016) ; and count III, child abuse, a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-707 (Reissue 2016). On March 27, 2017, pursuant to a plea agreement, Ettleman pled "no contest" to an amended count I (now attempted possession of a controlled substance,…”
Am. Fam. Mut. Ins. v. Hadley, 648 N.W.2d 769 (Neb. 2002). “The offense of "child abuse" is defined by § 28-707, which is included within the Nebraska Criminal Code.”
State v. Muro, 695 N.W.2d 425 (Neb. 2005).
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
— Neb. Rev. Stat. § 28-707(5) — 5 cases
State v. Draper, 886 N.W.2d 266 (Neb. 2016). “Intentional child abuse resulting in death is a Class IB felony3 and is punishable 3 Neb. Rev. Stat. § 28-707 (6) (Cum. Supp. 2010).”
Am. Fam. Mut. Ins. v. Hadley, 648 N.W.2d 769 (Neb. 2002). “The offense of "child abuse" is defined by § 28-707, which is included within the Nebraska Criminal Code.”
State v. Molina, 713 N.W.2d 412 (Neb. 2006). “Child abuse resulting in death is proscribed by Neb. Rev. Stat. § 28-707 (Cum. Supp. 2004), which provides, as pertinent to the charge in this case: (1) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be: (b)…”
State v. Rivera, 711 N.W.2d 573 (Neb. Ct. App. 2006).
State v. Scoville (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 28-707(6) — 11 cases
State v. Chauncey, 890 N.W.2d 453 (Neb. 2017). “453 offense occurred, see Neb. Rev. Stat. § 28-707 (Reissue 2008 & Cum.”
State v. Robinson, 769 N.W.2d 366 (Neb. 2009).
State v. Draper, 886 N.W.2d 266 (Neb. 2016). “Intentional child abuse resulting in death is a Class IB felony3 and is punishable 3 Neb. Rev. Stat. § 28-707 (6) (Cum. Supp. 2010).”
State v. Molina, 713 N.W.2d 412 (Neb. 2006). “Child abuse resulting in death is proscribed by Neb. Rev. Stat. § 28-707 (Cum. Supp. 2004), which provides, as pertinent to the charge in this case: (1) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be: (b)…”
State v. Sinica, 764 N.W.2d 111 (Neb. 2009).
— Neb. Rev. Stat. § 28-707(7) — 9 cases
State v. Olbricht, 885 N.W.2d 699 (Neb. 2016). “was lethargic and 2 Neb. Rev. Stat. § 28-707 (1) and (7) (Cum.”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
State v. Herrera, 289 Neb. 575 (Neb. 2014).
State v. Olbricht, 875 N.W.2d 868 (Neb. Ct. App. 2016).
State v. Jackson, 971 N.W.2d 168 (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 28-707(8) — 5 cases
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
State v. Matteson, 985 N.W.2d 1 (Neb. 2023).
State v. Gonzalez, 313 Neb. 520 (Neb. 2023).
State v. Gonzalez, 313 Neb. 520 (Neb. 2023).
State v. Long (Neb. Ct. App. 2017).
— Neb. Rev. Stat. § 28-707(9) — 6 cases
State v. Ferguson, 301 Neb. 697 (Neb. 2018). “§ 28-707 (1) and (3) (Reissue 2016)-specifically, that Ferguson, acting negligently, had placed his minor children, ages 8 and 6 at the time of the stop, in a situation that endangered their lives or **701 physical or mental health, or deprived them of necessary food, clothing,…”
State v. Montoya, 304 Neb. 96 (Neb. 2019). “Neb. Rev. Stat. § 28-707 (1)(a) through (f) (Reissue 2016) defines the offense of child abuse.”
State v. Williams, 306 Neb. 261 (Neb. 2020).
State v. Fernando, 32 Neb. Ct. App. 289 (Neb. Ct. App. 2023).
State v. Ferguson, 301 Neb. 697 (Neb. 2018).
— Neb. Rev. Stat. § 28-707(e) — 1 case
State v. Fernando, 32 Neb. Ct. App. 289 (Neb. Ct. App. 2023).
— Neb. Rev. Stat. § 28-707(l)(a) — 7 cases
State v. Crowdell, 451 N.W.2d 695 (Neb. 1990). “Intentional violation of Neb. Rev. Stat. § 28-707 (Reissue 1989) is a Class IV felony, which is punishable by maximum imprisonment for 5 years, a $10,000 fine, or both such imprisonment and fine.”
State v. Faber, 647 N.W.2d 67 (Neb. 2002). “NATURE OF CASE Robert Faber was charged by information in the district court for Madison County with knowing and intentional child abuse *202 pursuant to Neb. Rev. Stat. § 28-707 (1) and (4) (Cum.”
State v. Canady, 641 N.W.2d 43 (Neb. 2002).
State v. Parks, 573 N.W.2d 453 (Neb. 1998).
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003).
— Neb. Rev. Stat. § 28-707(l)(b) — 4 cases
State v. Faber, 647 N.W.2d 67 (Neb. 2002). “NATURE OF CASE Robert Faber was charged by information in the district court for Madison County with knowing and intentional child abuse *202 pursuant to Neb. Rev. Stat. § 28-707 (1) and (4) (Cum.”
State v. Parks, 573 N.W.2d 453 (Neb. 1998).
State v. Parks, 565 N.W.2d 734 (Neb. Ct. App. 1997).
State v. McDaniel, 667 N.W.2d 259 (Neb. Ct. App. 2003).
— Neb. Rev. Stat. § 28-707(l)(c) — 1 case
State v. Crowdell, 451 N.W.2d 695 (Neb. 1990). “Intentional violation of Neb. Rev. Stat. § 28-707 (Reissue 1989) is a Class IV felony, which is punishable by maximum imprisonment for 5 years, a $10,000 fine, or both such imprisonment and fine.”
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