For purposes of this section and sections 23-1201, 29-120, and 29-2261, unless the context otherwise requires:
(1) A plea agreement means that as a result of a discussion between the defense counsel and the prosecuting attorney:
(a) A charge is to be dismissed or reduced; or
(b) A defendant, if he or she pleads guilty to a charge, may receive less than the maximum penalty permitted by law; and
(2)(a) Victim means a person who has had a personal confrontation with an offender as a result of a homicide under sections 28-302 to 28-306, a first degree assault under section 28-308, a second degree assault under section 28-309, a third degree assault under section 28-310 when the victim is an intimate partner as defined in section 28-323, a first degree false imprisonment under section 28-314, a first degree sexual assault under section 28-319, a sexual assault of a child in the first degree under section 28-319.01, a second or third degree sexual assault under section 28-320, a sexual assault of a child in the second or third degree under section 28-320.01, domestic assault in the first, second, or third degree under section 28-323, or a robbery under section 28-324. Victim also includes a person who has suffered serious bodily injury as defined in section 28-109 as a result of a motor vehicle accident when the driver was charged with a violation of section 60-6,196 or 60-6,197 or with a violation of a city or village ordinance enacted in conformance with either section.
(b) In the case of a homicide, victim means the nearest surviving relative under the law as provided by section 30-2303 but does not include the alleged perpetrator of the homicide.
(c) In the case of a violation of the Child Sexual Abuse Material Prevention Act, victim means a person who was a child as defined in section 28-1802 and a participant or portrayed observer in the child sexual abuse material that is the subject of the violation and who has been identified and can be reasonably notified and the parents, guardians, or duly appointed legal representative of the child victim but does not include the alleged perpetrator of the crime.
(d) In the case of a sexual assault of a child, victim means the child victim and the parents, guardians, or duly appointed legal representative of the child victim but does not include the alleged perpetrator of the crime.
(e) Victim also includes a person who was the victim of a theft under section 28-511, 28-512, 28-513, or 28-517 when (i) the value of the thing involved is five thousand dollars or more and (ii) the victim and perpetrator were intimate partners as defined in section 28-323.
(f) Victim also includes a sexual assault victim as defined in section 29-4309.
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 2001–2026 · leading case:
State v. Lara, 2 N.W.3d 1 (Neb. 2024).
State v. Lara, 2 N.W.3d 1 (Neb. 2024).
· cites it 10× “Rev. Stat. § 29-119 (Cum. Supp. 2022) establishes only a baseline right to provide victim impact statements under Nebraska law, and it does not limit a sentencing court’s broad discretion to consider relevant evidence from a variety of sources when determining a criminal…”
State v. Thieszen, 912 N.W.2d 696 (Neb. 2018).
· cites it 4× “11 But the statute gives such rights to "victims" as defined by Neb. Rev. Stat. § 29-119 (Reissue 2016). Under § 29-119(2)(b), a victim in the case of a homicide is "the nearest surviving relative under the law as provided by section 30-2303 but does not include the alleged…”
State ex rel. Unger v. State, 878 N.W.2d 540 (Neb. 2016).
· cites it 2× “In this appeal, we are tasked with deciding whether a presentence report is definitionally a 16 Compare § 29-2261(4), Neb. Rev. Stat. § 29-119 (2)(a) (Cum. Supp.”
State v. Gleaton, 3 N.W.3d 334 (Neb. 2024).
· cites it 3× “GLEATON arguments that the Nebraska Crime Victim’s Reparations Act prohibits a sentencing court from receiving information from individuals other than those specifically identified as victims in that statute.”
State v. Casares, 864 N.W.2d 667 (Neb. 2015).
· cites it 2× “Victims who meet this 18 Neb. Rev. Stat. § 29-119 (2)(b) (Cum. Supp.”
State v. Hurd, 949 N.W.2d 339 (Neb. 2020).
· cites it 2× “In his first assignment of error, Hurd argues that the district court erred in allowing the victim to provide a victim impact statement for the presentence investigation report and to also read and offer to the court a separate, written statement.”
State ex rel. Lamm v. Nebraska Bd. of Pardons, 620 N.W.2d 763 (Neb. 2001).
· cites it 2× “on its conclusion that the Board has the discretion to deny a hearing to an applicant for commutation of sentence; (3) in holding that the Lamms were not entitled to relief based on the fact that the Legislature has not provided a remedy under article I, § 28; (4) in holding…”
State v. Gleaton, 316 Neb. 114 (2024).
· cites it 3× “GLEATON arguments that the Nebraska Crime Victim’s Reparations Act prohibits a sentencing court from receiving information from individuals other than those specifically identified as victims in that statute. See, e.g., State v.”
State v. Koch, No. A-15-959, 2016 WL 3083135 (Neb. Ct. App. May 24, 2016).
· cites it 6× “Koch maintains the district court erred in receiving certain portions of the victim impact statements at the sentencing hearing, and in allowing written impact statements from individuals who were not victims as defined in Neb. Rev. Stat. § 29-119 (Cum. Supp. 2014) to be…”
State v. Thieszen, 300 Neb. 112 (Neb. 2018).
· cites it 5× “11 But the statute gives such rights to “victims” as defined by Neb. Rev. Stat. § 29-119 (Reissue 2016). Under § 29-119(2)(b), a victim in the case of a homicide is “the nearest surviving relative under the law as provided by section 30-2303 but does not include the alleged…”
State v. Janousek, No. A-19-905, A-19-906 (Neb. Ct. App. Dec. 1, 2020).
· cites it 3× “Janousek specifically argues that there was a victim impact statement included in the PSI from the person whose house was broken into and that she does not qualify as a victim under Neb. Rev. Stat. § 29-119 (Reissue 2016). He then argues that it was impermissible for the court…”
Neb. Rev. Stat. § 29-119(2): 2 cases
State v. Gleaton, 3 N.W.3d 334 (Neb. 2024).
“GLEATON arguments that the Nebraska Crime Victim’s Reparations Act prohibits a sentencing court from receiving information from individuals other than those specifically identified as victims in that statute.”
State v. Gleaton, 316 Neb. 114 (2024).
“GLEATON arguments that the Nebraska Crime Victim’s Reparations Act prohibits a sentencing court from receiving information from individuals other than those specifically identified as victims in that statute. See, e.g., State v.”
Neb. Rev. Stat. § 29-119(2)(b): 3 cases
State v. Thieszen, 912 N.W.2d 696 (Neb. 2018).
“11 But the statute gives such rights to "victims" as defined by Neb. Rev. Stat. § 29-119 (Reissue 2016). Under § 29-119(2)(b), a victim in the case of a homicide is "the nearest surviving relative under the law as provided by section 30-2303 but does not include the alleged…”
State v. Koch, No. A-15-959, 2016 WL 3083135 (Neb. Ct. App. May 24, 2016).
“Koch maintains the district court erred in receiving certain portions of the victim impact statements at the sentencing hearing, and in allowing written impact statements from individuals who were not victims as defined in Neb. Rev. Stat. § 29-119 (Cum. Supp. 2014) to be…”
State v. Thieszen, 300 Neb. 112 (Neb. 2018).
“11 But the statute gives such rights to “victims” as defined by Neb. Rev. Stat. § 29-119 (Reissue 2016). Under § 29-119(2)(b), a victim in the case of a homicide is “the nearest surviving relative under the law as provided by section 30-2303 but does not include the alleged…”
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