Nebraska Revised Statutes

Neb. Rev. Stat. § 83-174.01 (2026)

Dangerous sex offender; terms, defined

✓ current as of July 2026

Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

For purposes of sections 83-174 to 83-174.05:

(1) Dangerous sex offender means (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is substantially unable to control his or her criminal behavior or (b) a person with a personality disorder which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of two or more sex offenses, and who is substantially unable to control his or her criminal behavior;

(2) Likely to engage in repeat acts of sexual violence means the person's propensity to commit sex offenses resulting in serious harm to others is of such a degree as to pose a menace to the health and safety of the public;

(3) Person who suffers from a mental illness means an individual who has a mental illness as defined in section 71-907;

(4) Person with a personality disorder means an individual diagnosed with a personality disorder;

(5) Sex offense means any of the offenses listed in section 29-4003 for which registration as a sex offender is required; and

(6) Substantially unable to control his or her criminal behavior means having serious difficulty in controlling or resisting the desire or urge to commit sex offenses.

Notes of Decisions

Cited in 20 cases (6 in the last 5 years), 2007–2025 · leading case: In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009).

Sort: Relevance Newest Treatment

In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009). · cites it 16× “[9] Section 71-1203 provides that the definition of a dangerous sex offender under SOCA is found in § 83-174.01. A dangerous sex offender is (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been…”

In Re Interest of OS, 763 N.W.2d 723 (Neb. 2009). · cites it 8× “has the burden to prove by clear and convincing evidence that (a) the subject is a dangerous sex offender and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the…”

In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016). · cites it 2× “was a dangerous sex offender within the mean- ing of Neb. Rev. Stat. § 83-174.01 (Reissue 2014).”

In Re Interest of DV, 763 N.W.2d 717 (Neb. 2009). · cites it 11× “, assistant behavioral health administrator for mental health for the Nebraska Department of Correctional Services, testified and a psychological evaluation of D.”

United States v. Comstock, 507 F. Supp. 2d 522 (E.D.N.C. 2007). “, and Neb.Rev.Stat. § 83-174.01. Moreover, ten additional states have legislatively or judicially adopted the reasonable doubt standard and also render individuals eligible for commitment only if they have been charged with or convicted of a sexual offense.”

In Re Gh, 781 N.W.2d 438 (Neb. 2010). · cites it 3× “" [8] Section 71-1203(1) of SOCA incorporates Neb.Rev.Stat. § 83-174.01(1) (Reissue 2008), which defines the term "[d]angerous sex offender" as (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been…”

Martinez v. Whitmire (D. Neb. 2025). · cites it 12× “as described in Neb. Rev. Stat. § 83-174.01 (the “Commitment Order”).”

Jones v. Whitmire (D. Neb. 2022). · cites it 11× “) The petition also alleged that Jones is substantially unable to control his criminal behavior, and that neither voluntary hospitalization nor other treatment alternatives less restrictive of Jones’ liberty than a Mental Health Board ordered treatment disposition were available…”

In re Interest of K.W. (Neb. Ct. App. 2017). · cites it 10× “Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014).”

Martinez v. Dawson (Neb. Ct. App. 2020). · cites it 9× ““Dangerous sex offender” is defined in Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014) to mean: (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is…”

Bumann v. Nebraska Mental Health Bd. (D. Neb. 2021). · cites it 7× “Stairs opined that, after completing an evaluation of Bumann, it was her professional opinion that he is a dangerous sex offender, as defined in Neb. Rev. Stat. § 83-174.01 . (Id. at CM/ECF p.”

In re Interest of M.J. (Neb. Ct. App. 2019). · cites it 6× “met the definition of dangerous sex offender pursuant to Neb. Rev. Stat. § 83-174.01 (Reissue 2014).”

Show all 20 citing cases →

— Neb. Rev. Stat. § 83-174.01(1) — 12 cases

In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009). “[9] Section 71-1203 provides that the definition of a dangerous sex offender under SOCA is found in § 83-174.01. A dangerous sex offender is (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been…”

In Re Interest of DV, 763 N.W.2d 717 (Neb. 2009). “, assistant behavioral health administrator for mental health for the Nebraska Department of Correctional Services, testified and a psychological evaluation of D.”

In Re Gh, 781 N.W.2d 438 (Neb. 2010). “" [8] Section 71-1203(1) of SOCA incorporates Neb.Rev.Stat. § 83-174.01(1) (Reissue 2008), which defines the term "[d]angerous sex offender" as (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been…”

Martinez v. Dawson (Neb. Ct. App. 2020). ““Dangerous sex offender” is defined in Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014) to mean: (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is…”

In re Interest of K.W. (Neb. Ct. App. 2017). “Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014).”

— Neb. Rev. Stat. § 83-174.01(1)(a) — 4 cases

In Re Interest of OS, 763 N.W.2d 723 (Neb. 2009). “has the burden to prove by clear and convincing evidence that (a) the subject is a dangerous sex offender and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the…”

In re Interest of K.D. (Neb. Ct. App. 2020).

In re Interest of D.I. (Neb. Ct. App. 2022).

— Neb. Rev. Stat. § 83-174.01(1)(b) — 2 cases

— Neb. Rev. Stat. § 83-174.01(2) — 8 cases

In re Interest of K.W. (Neb. Ct. App. 2017). “Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014).”

In re Interest of C.A. (Neb. Ct. App. 2016).

— Neb. Rev. Stat. § 83-174.01(3) — 1 case

— Neb. Rev. Stat. § 83-174.01(4) — 2 cases

In re Interest of K.W. (Neb. Ct. App. 2017). “Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014).”

— Neb. Rev. Stat. § 83-174.01(5) — 3 cases

In re Interest of C.A. (Neb. Ct. App. 2016).

In re Interest of K.W. (Neb. Ct. App. 2017). “Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014).”

— Neb. Rev. Stat. § 83-174.01(6) — 5 cases

In re Interest of C.A. (Neb. Ct. App. 2016).

In re Interest of K.W. (Neb. Ct. App. 2017). “Neb. Rev. Stat. § 83-174.01 (1) (Reissue 2014).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.