For purposes of sections 28-830 and 28-831, the following definitions apply:
(1) Actor means a person who solicits, procures, or supervises the services or labor of another person;
(2) Commercial sexual activity means any sex act on account of which anything of value is given, promised to, or received by any person;
(3) Debt bondage means inducing another person to provide:
(a) Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or
(b) Labor or services in payment toward or satisfaction of a real or purported debt if:
(i) The reasonable value of the labor or services is not applied toward the liquidation of the debt; or
(ii) The length of the labor or services is not limited and the nature of the labor or services is not defined;
(4) Financial harm means theft by extortion as described by section 28-513;
(5) Forced labor or services means labor or services that are performed or provided by another person and are obtained or maintained through:
(a) Inflicting or threatening to inflict serious personal injury, as defined by section 28-318, on another person;
(b) Physically restraining or threatening to physically restrain the other person;
(c) Abusing or threatening to abuse the legal process against another person to cause arrest or deportation for violation of federal immigration law;
(d) Controlling or threatening to control another person's access to a controlled substance listed in Schedule I, II or III of section 28-405;
(e) Exploiting another person's substantial functional impairment as defined in section 28-368 or substantial mental impairment as defined in section 28-369;
(f) Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of the other person; or
(g) Causing or threatening to cause financial harm to another person, including debt bondage;
(6) Labor or services means work or activity of economic or financial value;
(7) Labor trafficking means knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means or attempting to recruit, entice, harbor, transport, provide, or obtain by any means a person eighteen years of age or older intending or knowing that the person will be subjected to forced labor or services;
(8) Labor trafficking of a minor means knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means or attempting to recruit, entice, harbor, transport, provide, or obtain by any means a minor intending or knowing that the minor will be subjected to forced labor or services;
(9) Maintain means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement by the other person to perform such type of service;
(10) Minor means a person younger than eighteen years of age;
(11) Sex trafficking means knowingly recruiting, enticing, harboring, transporting, providing, soliciting, or obtaining by any means or knowingly attempting to recruit, entice, harbor, transport, provide, solicit, or obtain by any means a person eighteen years of age or older for the purpose of having such person engage without consent, as defined in section 28-318, in commercial sexual activity, sexually explicit performance, or the production of pornography or to cause or attempt to cause a person eighteen years of age or older to engage without consent, as defined in section 28-318, in commercial sexual activity, sexually explicit performance, or the production of pornography;
(12) Sex trafficking of a minor means knowingly recruiting, enticing, harboring, transporting, providing, soliciting, or obtaining by any means or knowingly attempting to recruit, entice, harbor, transport, provide, solicit, or obtain by any means a minor for the purpose of having such minor engage in commercial sexual activity, sexually explicit performance, or the production of pornography or to cause or attempt to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of pornography;
(13) Sexually explicit performance means a live or public play, dance, show, or other exhibition intended to arouse or gratify sexual desire or to appeal to prurient interests; and
(14) Trafficking victim means a person subjected to any act or acts prohibited by section 28-831.
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 2017–2026 · leading case:
State v. Swindle, 915 N.W.2d 795 (Neb. 2018).
State v. Swindle, 915 N.W.2d 795 (Neb. 2018).
· cites it 6× “7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
State v. Theisen, 946 N.W.2d 677 (Neb. 2020).
· cites it 2× “Following an advisement of Theisen’s rights, the court asked Theisen to explain what gave rise to these charges, to which Theisen answered: Last year in August, Department of Health and Human Services became involved in my life, and my children were removed because I admitted…”
Joshua M. v. State, 5 N.W.3d 454 (Neb. 2024).
· cites it 2× “2016), the Supreme Court of Florida referred to ACE study evidence as identifying 10 factors of trauma and adverse environments, stating: The ACE factors indicative of trauma are (1) childhood physical abuse; (2) childhood verbal abuse; (3) childhood sexual abuse; (4) childhood…”
State v. Paez, 925 N.W.2d 75 (Neb. 2019).
· cites it 2× “See Neb. Rev. Stat. § 28-830 (Cum. Supp. 2018).”
State v. Swindle, 300 Neb. 734 (Neb. 2018).
· cites it 6× “Putting 7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
State v. Quinn, No. A-21-1038 (Neb. Ct. App. Dec. 6, 2022).
· cites it 5× “§ 28-319 (Reissue 2016), a Class II felony; two counts of sex trafficking of a minor in violation of Neb. Rev. Stat. § 28-830 (Cum. Supp. 2020), a Class IB felony; three counts of manufacturing a visual depiction of sexually explicit conduct in violation of Neb.”
State v. O'Neal, No. A-22-632 (Neb. Ct. App. June 13, 2023).
· cites it 4× “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;…”
State v. Hamed, No. A-16-675 (Neb. Ct. App. Mar. 21, 2017).
· cites it 2× “01; or (f) Placed in a situation to be a trafficking victim as defined in section 28-830. -5- On appeal, Hamed argues that the State failed to present sufficient evidence to demonstrate that he “abused” R.”
State v. Paez, 302 Neb. 676 (Neb. 2019).
· cites it 2× “24 [4] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.”
State v. Paez, 302 Neb. 676 (Neb. 2019).
· cites it 2× “24 [4] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.”
State v. Lockett, No. A-19-673 (Neb. Ct. App. Feb. 25, 2020).
· cites it 2× “See Neb. Rev. Stat. §§ 28-830 (12) (human trafficking) and 28-831 (Cum.”
State v. Quinn, No. A-25-215 (Neb. Ct. App. Feb. 17, 2026).
· cites it 2× “§ 28-319 (Reissue 2016), a Class II felony; two counts of sex trafficking of a minor in -1- violation of Neb. Rev. Stat. § 28-830 (Cum. Supp. 2020), a Class IB felony; three counts of manufacturing a visual depiction of sexually explicit conduct in violation of Neb.”
Neb. Rev. Stat. § 28-830(10): 3 cases
State v. Swindle, 915 N.W.2d 795 (Neb. 2018).
“7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
State v. Swindle, 300 Neb. 734 (Neb. 2018).
“Putting 7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
State v. Quinn, No. A-21-1038 (Neb. Ct. App. Dec. 6, 2022).
“§ 28-319 (Reissue 2016), a Class II felony; two counts of sex trafficking of a minor in violation of Neb. Rev. Stat. § 28-830 (Cum. Supp. 2020), a Class IB felony; three counts of manufacturing a visual depiction of sexually explicit conduct in violation of Neb.”
Neb. Rev. Stat. § 28-830(12): 2 cases
State v. Swindle, 915 N.W.2d 795 (Neb. 2018).
“7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
State v. Swindle, 300 Neb. 734 (Neb. 2018).
“Putting 7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
Neb. Rev. Stat. § 28-830(14): 2 cases
State v. Swindle, 915 N.W.2d 795 (Neb. 2018).
“7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
State v. Swindle, 300 Neb. 734 (Neb. 2018).
“Putting 7 See Neb. Rev. Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp.”
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