(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.
(3) It shall not be a violation of this section for an individual to breast-feed a child in a public place.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1982–2023 · leading case:
State v. Metzger, 319 N.W.2d 459 (Neb. 1982).
State v. Metzger, 319 N.W.2d 459 (Neb. 1982).
· cites it 4× “See Neb.Rev.Stat. § 28-806 (Reissue 1979). CLINTON and HASTINGS, JJ.”
State v. Brooks, 560 N.W.2d 180 (Neb. Ct. App. 1997).
· cites it 4× “" For the sake of completeness, we note that Neb.Rev.Stat. § 28-806 (Reissue 1995), pertaining to public indecency, is a crime of specific intent, i.”
State v. Hookstra, 630 N.W.2d 469 (Neb. Ct. App. 2001).
· cites it 2× “” For example, Hookstra’s claim that the ordinance would permit an officer to order onlookers to remove their clothing is without merit because such order violates Neb. Rev. Stat. § 28-806 (Reissue 1995) (public indecency) or Neb.”
People v. Santorelli, 600 N.E.2d 232 (NY 1992).
“130; Mont Code Annot § 45-5-504; Neb Rev Stat § 28-806; NH Rev Stat Annot § 645:1; ND Century Code § 12.”
State v. Ludwig, 468 So. 2d 1151 (La. 1985).
· cites it 2× “011; Neb.Rev.Stat. §§ 28-806, 28-106; N.J.Stat.”
State v. Sierks, 440 N.W.2d 231 (Neb. 1989).
· cites it 3× “Sierks, was convicted of public indecency in violation of Neb. Rev. Stat. § 28-806 (1) (Reissue 1985) and was fined $250 and costs.”
State v. Khalaf (Neb. Ct. App. 2022).
· cites it 2× “AMENDED INFORMATION AND OTHER PRETRIAL PROCEEDINGS On February 26, 2021, the State filed the amended information, adding to the burglary and SORA violation counts of the original information, a second count of burglary in violation of § 28-507, a Class IIA felony, and a count of…”
State v. Bogard (Neb. Ct. App. 2023).
· cites it 2× “” Similarly, public indecency under Neb. Rev. Stat. § 28-806 (1)(b) (Cum. Supp.”
State v. Burke, 375 N.W.2d 153 (Neb. 1985).
· cites it 2× “Following a jury trial in the county court, defendant was convicted of a violation of Neb. Rev. Stat. § 28-806 (1) (Reissue 1979), a Class II misdemeanor, and was sentenced to probation *132 for 2 years.”
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