Juvenile Court Petitions

Reason for Referral Types

Major - Offense categories refer to any acts designated by statute or ordinance as felony or misdemeanor offenses, and for which both juveniles and adults may be charged.

Minor or Status - Offenses used only if the act is punishable because of the juvenile status of the person, and if the act would not be punishable if it were committed by an adult. A curfew violation would be an example of a status offense.

Neglect/Dependent - These nonoffenses are cases of neglect, dependency, or abuse involving a juvenile, and where the juvenile is not charged with a crime but is placed in the custody of the court.


Reasons for Referral Descriptions

Arson-Felony Major Offense

Arson: Felony 1st degree/Felony 2nd degree  - A person commits arson in the first degree if they intentionally damage  a building by starting a fire or causing an explosion when another person is present in the building at the time and either; The actor knows that fact, or The circumstances are such as to render the presence of a person therein a reasonable probability.  A person also commits arson in the first degree if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felony criminal mischief when another person is present in the building at the time and either; The actor knows that fact, or The circumstances are such as to render the presence of a person therein a reasonable probability. (Supplement


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Arson-Misdemeanor Major Offense
 

Arson: Misdemeanor (3rd Degree) - A person commits arson in the second degree if they intentionally damage a building by starting a fire or causing an explosion or if a fire is started or an explosion  is caused in the perpetration of any robbery, burglary, or felony criminal mischief.  (Supplement 1981: 28-503)   A person commits arson in the third degree if they intentionally set fire to, burn, causes to be burned, or by the use of any explosive, damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other  than a building or occupied structure.  (Supplement 1977: 28-504)


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Assault-1st/2nd Major Offense

Assault: 1st & 2nd degree - A person commits the offense of assault in the first degree if they intentionally or knowingly cause serious bodily injury to another person. (Supplement 1977: 28-308) A person commits the offense of assault in the second degree if: Intentionally or knowingly causes bodily injury to another person with a dangerous instrument;  Recklessly causes serious bodily injury to another person with a dangerous instrument; or While during confinement or in legal custody of the Department of Correctional Services or in any county jail, unlawfully strikes      or wounds another.  (Supplement 1977: 28-310)


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Assault-3rd Major Offense

Assault: 3rd degree - A person commits the offense of assault in the third degree if they: Intentionally, knowingly, or recklessly causes bodily injury to another person; or Threatens another in a menacing manner.  (Supplement 1977: 28-3100)


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Burglary Major Offense
 

Burglary - Unlawful entry of any fixed structure, vehicle or vessel used for regular residence, industry of business, with or without force, with intent to commit a felony or larceny or attempting to commit such an act.


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Crim Mischief-Fel Major Offense

Criminal Mischief: Felony - A person commits criminal mischief if they: Damage    property of another intentionally or recklessly; or Intentionally tamper with property     of another so as to endanger person or property; or Intentionally or maliciously cause another to suffer pecuniary loss by deception or threat.  Criminal mischief is a felony if the actor intentionally caused pecuniary loss in excess of  $300, or substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public services.  Criminal mischief is a misdemeanor if the actor intentionally causes pecuniary loss less than $300. 


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Crim Mischief-Misd Major Offense

Criminal Mischief: Misdemeanor A person commits criminal mischief if they: Damage  property of another intentionally or recklessly; or Intentionally tamper with property of another so as to endanger person or property; or Intentionally or maliciously cause another to suffer pecuniary loss by deception or threat.


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Criminal Trespass Major Offense

Criminal Trespass - Unlawful entry or attempted entry of the property of another with intent to commit a misdemeanor, other than larceny, or without intent to


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Curfew Status

Violation of Curfew - A regulation enjoining withdrawal of unspecified person from the streets or  the closing of business establishments of places of assembly at a stated hour.


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Dependent Non-Offense

Dependant - A juvenile over whom a juvenile court has assumed jurisdiction and legal control because his or her care by parent, guardian or custodian has not met a legal standard of proper care.


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Disturbing Peace Major Offense

Disturbing the Peace - Unlawful interruption of the peace, quiet or order of community, including offenses called disorderly conduct, vagrancy, loitering, unlawful assembly, and riot


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Drug-Felony Major Offense

Violation of Drug Laws: Felony - Any person who is in violation of any felony drug laws or misdemeanor drug laws.  Felony and misdemeanor statutes will distinguish severity of the offense.


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Drug-Misdemeanor Major Offense

Violation of Drug Laws: Misdemeanor - Any person who is in violation of any felonydrug laws or misdemeanor drug laws.  Felony and misdemeanor statutes will distinguish the severity of the offense.


DUI Major Offense

Driving While Intoxicated (Driving Under Influence): Unlawful operation of a motor vehicle while under the influence of alcohol or a controlled substance or drug.


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Forgery-Felony Major Offense

Forgery: Felony - A person commits felony forgery if, with intent to deceive or harm, they falsely make, complete, endorse, alter, or utter a written instrument which is calculated to become or  to represent if completed: Part of an issue of money, stamps, securities, or other valuable instruments issued by a government or governmental agency over $75; or Part of an issue of stock, bonds, bank notes, or other instruments representing interest in or claims against a corporate or other organization or its property over $75.  (Supplement 1977: 28-601)


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Forgery-Misd Major Offense

Forgery: Misdemeanor - Whoever, with intent to deceive or harm, falsely makes,     completes endorses, alters or utters any written instrument which is or purports to be, or which is calculated to become or to create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status under $75 dollars or less, commits  misdemeanor forgery.  (Supplement 1977: 28-605)


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Manslaughter Major Offense

Manslaughter (Involuntary) - Causing the death of another person, without intent to cause death, with recklessness or gross negligence, including reckless or grossly negligent operation of a motor vehicle.


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Murder Major Offense

Murder (criminal willful homicide) - Intentionally causing the death of another person without legal justification or causing the death of another while committing or attempting to commit another crime.


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Neglect Non-Offense

Neglect - Reference in statutory terminology in describing situations where a child lacks proper care, including those where they suffer psychological or physical damage for any reason.


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Other Felony Major Offense

       Other Felony - Any criminal offenses beside those mentioned previously

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Other Misdemeanor Major Offense

       Other Misdemeanor - Any criminal offenses beside those mentioned previously.

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Other Status Status

Other - Refers to any behavior or offenses not falling within any of the other listed categories


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Poss Alcohol Status

Possessing or Drinking Liquor - Relating to regulation of the manufacture, sale, distribution, transportation, possession, or use of intoxicating liquor, except DWI.


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Robbery Major Offense

Robbery - The unlawful taking or attempted taking of property that is in the immediate possession of another by force or the threat of force.   This category includes both armed robbery and unarmed (or  strong-arm) robbery.  It also includes


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Running Away Status

Running Away - To leave the custody and home of his or her parents, guardians or custodians without permission and failing to return in a reasonable length of time.


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Sexual Assault-1st Major Offense

Sexual Assault: 1st Degree - Any person is guilty of sexual assault in the first degree who subjects another person to sexual penetration and Overcomes the victim by force, threat of force, express or implied, coercion, or deception; Knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct; or The actor is nineteen years of age or older and the victim is less than sixteen years of age. (Supplement 1978: 38-319)

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Sexual Assault-2nd Major Offense

Sexual Assault: 2nd Degree - Any person is guilty of sexual assault in the second degree who subject another person to sexual penetration and Overcomes the victim by force, threat of force, threat of force, expressed or implied, coercion, or deception, or Knew or should have known that the victim was physically or mentally  incapable of resisting or appraising the nature of his or her conduct. (Supplement


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Theft < $200 * Major Offense

Theft: Larceny - The unlawful taking or attempted taking of property other than a motor vehicle, from the possession of another, by stealth, without force and withoutdeceit, with intent to permanently deprive the owner of the property, including purse-snatching without force and  shoplifting.


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Theft < $500 * Major Offense

Theft: Larceny - The unlawful taking or attempted taking of property other than a motor vehicle, from the possession of another, by stealth, without force and withoutdeceit, with intent to permanently deprive the owner of the property, including purse-snatching without force and  shoplifting.


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Theft < $1500 * Major Offense

Theft: Larceny - The unlawful taking or attempted taking of property other than a motor vehicle, from the possession of another, by stealth, without force and withoutdeceit, with intent to permanently deprive the owner of the property, including purse-snatching without force and  shoplifting.


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Theft > $1500 * Major Offense

Theft: Larceny - The unlawful taking or attempted taking of property other than a motor vehicle, from the possession of another, by stealth, without force and withoutdeceit, with intent to permanently deprive the owner of the property, including purse-snatching without force and  shoplifting.


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Truancy Status

Truancy - A status offense of violating a compulsory school attendance law.

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Unauth Use MV Major Offense

Unauthorized Use of a Propelled Vehicle - A person commits the offense of unauthorized operation of a propelled vehicle if they intentionally exert unauthorized control over another's propelled vehicle by operating the same without the owner's consent.  A propelled vehicle includes but is not limited to an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.   (Supplement


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Ungov Behavior Status

Ungovernable Behavior - Common term used to describe behavior of juveniles subject to the jurisdiction of the juvenile court under paragraph 3(B) of Section


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Weapon-Felony Major Offense

Weapon Offenses: Felony - Unlawful sale, distribution, manufacture, alteration,  transportation, possession or use of a deadly or dangerous weapon or accessory, or attempting the  above acts.  Felony and misdemeanor statutes will distinguish the severity of the offense.


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Weapon-Misd Major Offense

Weapon Offenses: Misdemeanor - Unlawful sale, distribution, manufacture, alteration,  transportation, possession or use of a deadly or dangerous weapon or accessory, or attempting the  above acts.  Felony and misdemeanor statutes will distinguish the severity of the offense.


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* The change in the theft offense ranges modify the individual charges which affects the data collection and forms used int he reporting period.  The chnage does not affect a long-term analysis of these referrals due to teh number of theft offense classifications is consistent beween the 1985 to 1990 categories for theft offenses an the current categories for theft offenses.   Theft offfenses are also totaled later to show resuls without regard to the categories.
From 1985 to 1990, the theft offense was <$100.  Legislature in 1991 changed the range to <$200
From 1985 to 1990, the theft offense was <$300.  Legislature in 1991 changed the range from >200 to <$500
From 1985 to 1990, the theft offense was <$.  Legislature in 1991 changed the range from <$1500
From 1985 to 1990, the theft offense was <$1000.  Legislature in 1991 changed the range to >$1500

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Nebraska Crime Commission
Michael E. Behm, Executive Director
301 Centennial Mall South
PO Box 94946
Lincoln, Nebraska 68509-4946
Phone (402) 471-2194 Fax (402) 471-2837

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