NEBRASKA LEGISLATION
Human Trafficking
Statewide Human Trafficking Legislation
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Trafficking Definitions – Nebraska 28-830
This statute defines human trafficking, forced labor, and sex trafficking, including coercion through threats, financial harm, and abuse of legal processes. It criminalizes labor and sex trafficking of adults and minors while protecting victims from exploitation.
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Trafficking Penalties – Nebraska 28-831
This statute criminalizes labor and sex trafficking, with harsher penalties for offenses involving minors. It also punishes those who knowingly benefit from trafficking and states that a minor’s consent is not a valid defense.
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Trafficking Remedies – Nebraska 25-21,299
This statute allows trafficking victims or their representatives to file civil lawsuits against traffickers and those who assist them. Victims can seek damages for physical, emotional, and financial harm, along with attorney’s fees and relocation costs.
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Pandering Penalty – Nebraska 28-802
Details penalties for pandering related to human trafficking (placeholder).
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Statute 28-801.01 – Solicitation of prostitution
Addresses penalties for solicitation of prostitution (placeholder).
NOTICE: Any question or comments feel free to contact: ykazarin@onebread.org
Related Resources
- Nebraska.gov - Official state resources and services.
- National Human Trafficking Hotline - Get help or report trafficking (1-888-373-7888).
- Contact One Bread Foundation - Reach out for support or inquiries.
# ADVOCATE
NOTICE: Please report any errors and/or omissions on this page to: ykazarin@onebread.org
28-830
Human trafficking; forced labor or services; terms, defined.
For purposes of sections 28-830 and 28-831, the following definitions apply:
- Actor means a person who solicits, procures, or supervises the services or labor of another person;
- Commercial sexual activity means any sex act on account of which anything of value is given, promised to, or received by any person;
- Debt bondage means inducing another person to provide:
- Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or
- Labor or services in payment toward or satisfaction of a real or purported debt if:
- The reasonable value of the labor or services is not applied toward the liquidation of the debt; or
- The length of the labor or services is not limited and the nature of the labor or services is not defined;
- Financial harm means theft by extortion as described by section 28-513;
- Forced labor or services means labor or services that are performed or provided by another person and are obtained or maintained through:
- Inflicting or threatening to inflict serious personal injury, as defined by section 28-318, on another person;
- Physically restraining or threatening to physically restrain the other person;
- Abusing or threatening to abuse the legal process against another person to cause arrest or deportation for violation of federal immigration law;
- Controlling or threatening to control another person's access to a controlled substance listed in Schedule I, II or III of section 28-405;
- Exploiting another person's substantial functional impairment as defined in section 28-368 or substantial mental impairment as defined in section 28-369;
- 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
- Causing or threatening to cause financial harm to another person, including debt bondage;
- Labor or services means work or activity of economic or financial value;
- 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;
- 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;
- 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;
- Minor means a person younger than eighteen years of age;
- 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;
- 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;
- 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
- Trafficking victim means a person subjected to any act or acts prohibited by section 28-831.
# ADVOCATE
NOTICE: Please report any errors and/or omissions on this page to: ykazarin@onebread.org
28-831
Human trafficking; labor trafficking or sex trafficking; labor trafficking of a minor or sex trafficking of a minor; prohibited acts; penalties.
- Any person who engages in labor trafficking of a minor or sex trafficking of a minor is guilty of a Class IB felony.
- Any person who engages in labor trafficking or sex trafficking is guilty of a Class II felony.
- Any person, other than a trafficking victim, who knowingly benefits from or participates in a venture which has, as part of the venture, an act that is in violation of this section is guilty of a Class IIA felony.
- It is not a defense in a prosecution under this section (a) that consent was given by the minor victim, (b) that the defendant believed that the minor victim gave consent, or (c) that the defendant believed that the minor victim was an adult.
# ADVOCATE
NOTICE: Please report any errors and/or omissions on this page to: ykazarin@onebread.org
25-21,299
Civil action authorized; recovery; attorney's fees and costs; order of attachment.
- Any trafficking victim, his or her parent or legal guardian, or personal representative in the event of such victim's death, who suffered or continues to suffer personal or mental injury, death, or any other damages proximately caused by such human trafficking may bring a civil action against any person who knowingly (a) engaged in human trafficking of such victim within this state or (b) aided or assisted in the human trafficking of such victim within this state.
- A plaintiff who prevails in a civil action brought pursuant to the Human Trafficking Victims Civil Remedy Act may recover his or her damages proximately caused by the actions of the defendant plus any and all attorney's fees and costs reasonably associated with the civil action.
- Damages recoverable pursuant to subsection (2) of this section include all damages otherwise recoverable under the law and include, but are not limited to:
- The physical pain and mental suffering the plaintiff has experienced and is reasonably certain to experience in the future;
- The reasonable value of the medical, hospital, nursing, and care and supplies reasonably needed by and actually provided to the plaintiff and reasonably certain to be needed and provided in the future;
- The reasonable value of transportation, housing, and child care reasonably needed and actually incurred by the plaintiff;
- The reasonable value of the plaintiff's labor and services the plaintiff has lost because he or she was a trafficking victim;
- The reasonable monetary value of the harm caused by the documentation and circulation of the human trafficking;
- The reasonable costs incurred by the plaintiff to relocate away from the defendant or the defendant's associates;
- In the event of death, damages available as in other actions for wrongful death; and
- The reasonable costs incurred by the plaintiff to participate in the criminal investigation or prosecution or attend criminal proceedings related to trafficking the plaintiff.
- In addition to all remedies available under this section, the court may enter an order of attachment pursuant to sections 25-1001 to 25-1010.
# ADVOCATE
NOTICE: Please report any errors and/or omissions on this page to: ykazarin@onebread.org
28-802
Pandering; penalty.
[Placeholder: Details about pandering penalties related to human trafficking will be added here.]
# ADVOCATE
NOTICE: Any question or comments feel free to contact: ykazarin@onebread.org
28-801.01
Solicitation of prostitution.
[Placeholder: Details about solicitation of prostitution penalties will be added here.]