Kids and the Law

The Age of Majority

The age of majority is the age at which a person is legally considered an adult. Unlike most states where the age of majority is 18, the age of majority in Nebraska is 19. If your child marries while they are under the age of 19, they are also considered to be of the age of majority. (§ 43-2101). When a person turns 19, they do not gain full legal privileges. For example, you must be 21 years of age to purchase an alcoholic beverage. (§ 53-103).

“What rights does a person acquire when they reach the age of majority?”

When a person reaches the age of majority, they acquire the right to:

·         Enter into binding contracts.
·         Buy or sell property, including real estate.
·         Marry without the written consent of a parent or  guardian and a judge.
·         Sue or be sued in their own name.
·         Compromise, settle, or arbitrate a claim.
·         Make or revoke a will.
·         Inherit property outright.
·         Vote in national, state, and local elections.
·         Consent to all types of medical treatment.
·         Join the military without parental consent.

Alcohol and Kids

The legal drinking age in Nebraska is 21. (§ 53-103). Providing alcoholic beverages to anyone under 21 is prohibited. (§ 53-180). It is illegal for minors to falsely represent their age to obtain an alcoholic beverage. (§ 53-180.01).

“If my child and their friends are going to drink anyway, I’d rather they drink in my house where they are safe. Can I legally provide alcoholic

beverages to my child and their friends?

NO! Providing an alcoholic beverage for your child or any other minor is misdemeanor. (§ 53-180, § 53-180.03, § 53-180.05). You would also be guilty of contributing to the delinquency of a minor. (§ 28-709).

“So, is it illegal for my minor child to take communion at our church!?”

No, there is an exception to the general rule that permits minors to consume alcoholic beverages on the premises of a place of religious worship where alcoholic beverages are consumed as a part of a religious rite, ritual, or ceremony. (§ 53-180.02).

“What is the punishment for underage drinking?”

Minors who engage in underage drinking are guilty of a misdemeanor. When a minor is arrested for underage drinking, the police will make a reasonable attempt to notify the minor’s parents or guardian of the arrest. (§ 53-180.05). Minors who consume, purchase, attempt to purchase, or have in their possession an alcoholic beverage are subject to a penalty of up to a $500 fine, 3 months in jail, or both. (§ 53-108.04).

Bikes and Scooters

In general, all bicyclists are required to follow the same rules of the road as motorists. (§ 60-6,314). This means bicyclists must use the following hand and arm signals:

· Left turn: hand and arm extended to the left horizontally.

· Right turn: hand and arm extended to the right horizontally.

· Stop or decrease speed: hand and arm extended downward. (§ 60-6,163).

“Does my child have to ride on a particular side of the road?”

Your child must ride as near to the right side of the roadway as practical unless they are:

● Overtaking and passing another bicycle or vehicle.
● Preparing to make a legal left turn.
● Traveling the same speed of the current traffic.
● Traveling on a paved shoulder of a highway.
● Forced to not ride on the right side of the roadway to avoid unsafe conditions.
● In a lane too narrow for both vehicle and bicycle to travel side by side.
● On a multilane one-way, 35 mph or less, in which case they may ride as near to the left side of roadway. (§ 60-6,317).

“Is there anywhere bicyclists cannot ride?”

Bikes and scooters are permitted on paved shoulders of Nebraska state highways, however they are not permitted on interstate highways and freeways. (§ 60-6,142(3)).

“Does my child have to wear a helmet?”

Currently, there are no state or local bicycle helmet laws in Nebraska. However, due to increasing awareness about the safety benefits of wearing a bicycle helmet, you should contact your local police department to inquire about local bicycle helmet ordinances.

“What type of equipment must my child’s bike have?”

All bikes must have working breaks. When riding at night, a bike must have:

·         A red reflector on the rear of the bike (the City of Lincoln requires a rear red light).
·         An attached light on the front of your bike.
·         Side reflectors on your bicycle wheels.
·         Reflectors on your pedals (or shoes). (§ 60-6,318).

Cars, Kids, and Traffic Laws

“When can my teenager get a driving license?”

Nebraska uses a graduated driver licensing system. (§ 60-480). Therefore, there are several requirements your teenager must meet before they obtain full driving privileges. The steps your teenager take to obtain full driving privileges depends on whether they are a rural or non-rural resident.

Rural Resident Driver Process

Rural Residents live 1.5 miles or more from their high school AND live outside a city of 5,000 people or more (or attend a school outside a city of 5,000 people or more). Rural residents have the option of obtaining a School Learner’s Permit (LPE) and then a School Permit (SCP). Exercising this option allows rural drivers to begin driving at 14 years of age instead of 15 years of age like non-rural drivers.

When your child is 14 – 16 years of age they may apply for a School Learner’s Permit (LPE). An LPE allows your child to legally practice driving so that they can obtain a School Permit (SCP). To get a LPE, your child must pass vision and written tests prior to the LPE being issued. There is an $8 fee. The LPE is valid for 3 months and may be renewed. While driving, your child must be accompanied by a licensed driver who is at least 21 years old.

To obtain a School Permit (SCP) your child must:

·   Have had a LPE permit for at least 2 months.
·   Complete an approved driver education course OR submit a 50-hour certification form signed by a licensed driver over the age of 21.
·   Pay an $8 application fee.

Non-Rural Driver Process

The first permit a non-rural person can get is a Learner’s Permit (LPD). This entitles your child to drive when accompanied by a licensed driver over the age of 21. A LPD is valid for one year but may be renewed. To obtain a LPD your child must:

·   Be at least 15 years old.
·   Successfully complete a vision screening and written test.
·   Pay an $8 application fee.

The Next Step for both Rural and Non-Rural Drivers

At 16, your child can get a Provisional Operator’s Permit (POP). They may complete the required application and tests prior to their birthday. A POP expires will expire on your child’s 18th birthday. A POP allows your child to drive unsupervised between 6 a.m. and midnight. They may drive outside of this time to go to a work or school activity. After January 2008, during the first 6 months your child holds a POP, they may not operate a motor vehicle with more than one passenger who is not an immediate family member and under 19 years old.

To obtain a POP your child must:

·   Successfully complete an approved driver education course OR present a 50-hour certification form signed by a licensed driver over the age of 21.
    *If your teenager already submitted for a SCP, they do not need to resubmit them.
·   A vision screening, written exam, or driving test may be required.
·   Pay a $15 application fee.
·   Held an LPD for at least 6 months and not accumulated 3 or more points on their driving record during the 6 months immediately preceding the POP application date.

“Are there any other rules my teenager must follow when they have a permit?”

As of January 2008, no matter what type of permit your teenager has (LPE, SCP, LPD, or POP), they may not use any type of interactive wireless communication device (any wireless electronic communication between two parties) while driving. This includes a cell phone, a text messaging device, a personal digital assistant (PDA) that sends or receives messages, an audio-video player that sends or receives messages, or a laptop computer.

“What does my teenager have to do to get full driving privileges?”

Your teenager’s POP expires on their 18^th birthday. To obtain an Operator’s License with full driving privileges, your teenager must have:

·   Maintained a clean driving record for at least 12 months.
·   Not accumulated more than 3 points on their driving record.
·   Surrendered their POP to the Driver’s License Examiner.

If your teenager has accumulated 6 or more points on their driving record in 12 months while holding a POP, they will be required to complete a driver improvement course before obtaining an Operator’s License. If they fail to successfully complete a driver improvement course, their POP will be suspended.

“What are the minimum insurance requirements in Nebraska?”

All drivers must obtain the following coverage:
·   $25,000 for the injury or death of one person.
·   $50,000 for the injury or death of 2 or more persons.
·   $25,000 for damage to others’ property. (§ 60-346).

Laws that Young Drivers Should Know:

· Anyone under the age of 21 with an Operator’s License who accumulates 6 or more points on their driving record must successfully complete a driver improvement course. Driving under the influence and willful reckless driving are both 6 point violations. (§ 60-4,182). Anyone who accumulates 12 points on their driving record within 12 months will have their Operator’s License revoked for 6 months and they must attend a driver education and training course. (§ 60-4,183).

· It is against the law for a driver or passenger to have an open alcoholic beverage container in a motor vehicle. (§ 60-6,211.08).

· It is against the law to drive while under the influence (DUI) of alcohol. The legal limit in Nebraska is .08. (§ 60-6,196).

· It is a misdemeanor to litter by throwing an object from a motor vehicle. (§ 28-523).

· The law requires all drivers to have their Operator’s License with them while driving. If a driver cannot present their license when asked to do so by a law enforcement officer, they will be subject to a 2 point penalty on their driving record. (§ 60-4182).

· Driving while one a suspended license is a misdemeanor for which driving privileges may be revoked for 1 year. (§ 60-4,108).

· Drivers, front seat passengers, and persons under the age of 18 years old must wear a seat belt. (§ 60-6,270).

For more information, please visit the Nebraska Department of Motor Vehicles website at www.dmv.state.ne.us.

Child Abuse and Neglect

“What should I do if I suspect a child is being abused or neglected?

If you believe a child is being abused or neglected you should call the Abuse/Neglect Hotline at 1-800-652-1999. You will be asked to identify yourself in case child protective services would like to gather more information from you at a later date. However, you may remain anonymous if you wish. Medical, school, and other professionals that often deal with children are mandated reporters. Mandated reporters must provide child protective services with their name and must file a written report. (§ 28-711(1)).

All reports will be kept confidential and only released to law enforcement or for a court proceeding. As long as you make a report in good faith, you cannot be held civilly or criminally liable. (§ 28-716). If it is an emergency, call your local police department immediately.

Civil Laws and Lawsuits

Civil lawsuits are legal actions where a person or business (the plaintiff) sues another person or business (the defendant). A plaintiff files a lawsuit to get either money or other action by the court to compensate them for a wrong they suffered by the defendant. Children can sue and be sued through a guardian ad litem, a court appointed adult who pursues a case in their name. (§ 43-292.01). However, usually a parent pursues their child’s case.

“What is the deadline for filing a lawsuit?”

The deadline for filing a lawsuit is determined by the statute of limitations. How long the statute of limitations is depends on the type of lawsuit.

Personal injury- four years from the day of the alleged injury. (§ 25-212).

Breach of contract- five years from the day the contract was broken, or four years if the contract was never in writing. (§ 25-205(1), § 25-206).

Damages to real or personal property- four years from the day the alleged damage occurred. (§ 25-207).

“Can my child wait to sue until they are an adult for a harm they suffered while they were a child?”

If a person under the age of 21 could bring a lawsuit because they have been harmed by any of the above, they may file that lawsuit within the time provided by the statute of limitations after their 21^th birthday. (25-213). For example, if a five year old child is injured by a dog bite, they may file a lawsuit until four years from the date of their 21^st birthday. Therefore, they may file the lawsuit until their 25^th birthday.

Criminal Law and Crimes

Criminal law punishes people for crimes, those acts that society believes are wrong. The law punishes people for their crimes, but the law does not punish people for who they are. For example, being a drug addict is not a crime, but possessing illegal drugs is.

When a minor or adult allegedly violates a criminal law, the county prosecutor chooses whether or not to prosecute the person. If a person is prosecuted with a crime, the county prosecutor must prove the person is guilty beyond a reasonable doubt. A minor can be prosecuted and convicted of a criminal offense just like an adult. It is up to the prosecutor to decide whether to prosecute a minor as an adult or as a child in juvenile court. (§ 43-274). For more information about how minors can be charged as a child, see the Juvenile Court chapter of this handbook. A person who is found guilty of violating a criminal law may be punished by a fine, imprisonment, or death. (§ 28-104). Anyone under 18 years of age will not be punished by death. (§ 28-105.01(1)).

“What is the difference between a felony and a misdemeanor?”

There are two types of criminal offenses. A felony is a criminal offense punishable by a fine and/or imprisonment for more than one year. (§ 28-105). A misdemeanor is a criminal offense punishable by a fine and/or imprisonment in a county jail for less than one year. (§ 28-106).

Curfew Laws

There is no state curfew law, but the city or county you live in may have a curfew law. You should call your local police department to get the most up to date curfew information.

Currently, Bellevue is the only city in Nebraska that has a youth curfew law. Minors under 18 years of age are not permitted to be upon any street, alley, or public place at night after 10 p.m. A minor is not in violation of the curfew law if they are out after 10 p.m. if they are accompanied by their parent, running an errand at their parent’s request, working or going to or from work, or going to a lawful meeting such as church or a school activity.

“What happens if my child breaks the Bellevue curfew law?”

You will be notified if the police find your child out in violation of the curfew law. If you cannot be contacted, your child will be taken to the Sarpy County Juvenile Justice Center and will remain there until they are released to you.

Drugs and Kids

“What is the punishment for drug possession?”

The punishment depends on the type of drug. Marijuana is the commonly used illicit drug in Nebraska. (Drug Enforcement Agency (DEA)). If your child is found knowingly or intentionally possessing marijuana weighing less than one ounce and it is their first offense, they will be fined $100, and may have to complete a 5-10 hour drug treatment course. (§28-416(13)(a)). If your child is found in possession of marijuana a second time, they will be guilty of a misdemeanor, be fined $200, and may be imprisoned for up to 5 days. (§ 28-416(13)(b)). If your child is found in possession of marijuana a third time, they will be guilty of a misdemeanor, fined $300, and may be imprisoned for up to 7 days. (§ 29-416(13)(c)).

Possession of more than one ounce but less than a pound of marijuana is a misdemeanor, and possession of more than a pound is a felony.

(§ 29-416(11-12)).

Methamphetamine is the greatest drug threat to Nebraska. Methamphetamine can be found in almost every town and community in the state. (DEA). If your child is found knowingly or intentionally in possession of a controlled substance like heroin, cocaine, LSD, amphetamines, or barbiturates, they are guilty of a felony. (§ 28-416). Any person convicted of possession of an illicit drug and on probation or incarcerated, must complete drug treatment and counseling. (§ 28-416(14-15)).

“What if my child has drug paraphernalia but no drugs?”

Possessing drug paraphernalia is illegal and is a misdemeanor even without the presence of a controlled substance. (§ 28-442(1), (3). Drug paraphernalia is an object used to manufacture, inject, ingest, or inhale a controlled substance.

“Are there stiffer penalties for those who sell illegal drugs to minors at school?”

Yes. Anyone over the age of 18 who sells an illicit drug to someone under 18 years of age on or within 1,000 miles of property containing a school, 100 miles of a private youth center, public swimming pool, or video arcade will be punished more severely by having their offense classified at a higher level. (§ 28-416(4)(a)).

“What is a “pharming” party?”

A “pharming” party is a party where controlled pharmaceuticals are traded and abused. “Pharming” parties are become increasingly popular amongteenagers. Not only is it illegal to give prescriptions to someone else, it is extremely dangerous. Types of controlled pharmaceuticals most often abused in Nebraska are OxyContin®, hydrocodone, and cocaine-based cough syrups. Often these drugs are procured illegally by “doctor shopping” (going to different doctors to get numerous prescriptions) and forging prescriptions. (DEA). As a parent, you should keep controlled pharmaceuticals stored in a safe place away from your children.

Emancipation

Emancipation of a minor is the legal determination that a minor is no longer under the care and control of their parents and is able to provide for themselves financially and otherwise. There is not a law in Nebraska that provides for the emancipation of a minor. However, your child can obtain a “common law” emancipation if your child is 16 years of age or older and you sign a declaration that the child is living on their own and supporting themself. Legal Aid of Nebraska has the forms you need for a common law emancipation. Common law emancipation is accepted by government agencies (including the County General Assistance office) and most landlords.

“What if I refuse to sign a declaration so my child can become emancipated?”

If one or both parents refuse to sign a declaration, then the child must ask the court to “declare” they are emancipated. Because there is no Nebraska statute that provides for emancipation, the judge will make a decision based on the child’s maturity and ability to provide for their own financial and physical care.

Fighting

If the police catch your child in a fight, your child may be charged with assault and battery or disturbing the peace. Assault is intentionally, knowingly, or recklessly causing bodily injury to another person or threatening another in a menacing manner. (§ 28-310). Assault is a misdemeanor.

Graffiti and Other Vandalism

Vandalism (also called malicious mischief) is the willful or ignorant destruction of private or public property. Vandalism is against the law.

“What do if I witness graffiti in my neighborhood?”

You should call 911 if you witness people putting up graffiti (“tagging”) in your neighborhood. If you live in Omaha and you find graffiti on your property, you should call the Mayor’s Action Line at (402) 444-5555. Tell the hotline you want the Operation Wipe-Out Van to cover the graffiti with paint mixed to match your existing paint. You should cover up the graffiti as soon as possible with grey primer paint that you may pick-up at several fire stations. To find the nearest participating fire station, call (402) 444-5760. (OPD).

“What is the punishment for graffiti vandalism?”

Graffiti vandalism is punishable for up to 5 years in prison, a $10,000 fine, or both. Half of all taggers are under the age of 16. (OPD). Make sure your child knows the consequences of graffiti vandalism.

Guns, Other Weapons, and Fireworks

It is a misdemeanor for anyone under the age of 18 to possess a pistol, revolver, or any other short-barreled handgun unless the juvenile is under the supervision of a parent. (§ 28-1204). It is a felony to sell or in any way transfer or attempt to transfer a handgun to anyone under 18 years of age. (§ 28-1204.01(1), (4)).

It is a misdemeanor for a juvenile or adult to posses a firearm on school property, in a school-owned vehicle, or at a school-sponsored activity or sporting event. (§ 28-1204.04). Any person who uses or is in possession of a firearm or a deadly weapon at the same time they are committing a felony is guilty of using a deadly weapon to commit a felony, a separate and additional felony to the felony crime they commit. (§ 28-1205).

“How can I find out what find out which fireworks are legal?”

It is unlawful for any person to possess fireworks that are not permissible. (§ 28-1244). Permissible fireworks are determined by the Nebraska State Fire Marshall and the list changes every year. To be certain your fireworks are legal, you should always buy them at a reputable stand. You can find out which fireworks are permissible this year and when Amnesty Day is by visiting the Nebraska State Fire Marshall’s website at www.sfm.ne.us.

Hate Crimes and Hate Speech

A hate crime is a crime motivated by the perpetrator’s prejudice. For most crimes, a perpetrator who acts because of the victim’s race, color, religion, ancestry, national, origin, gender, sexual orientation, age, or disability will be punished at a higher classification level. (§ 28-111).

The First Amendment of the U.S. Constitution and the Constitution of Nebraska protect the right of free expression. Therefore, hate speech is difficult to regulate. However, it is a felony to make threats of violence against a person. (§ 28-311.01).

The Internet, Computers, and Kids

“Is it illegal for an adult to arrange a meeting with a child online?”

It is a felony for a person to use the internet to solicit, coax, entice, or lure a child (who is under 16 or the predator believes is under 16) with the intent to commit child sexual assault. (§ 28-320.32). It is an illegal act to set up an in-person meeting with a child over the internet even if the predator does not actually show up or commit the act of sexual assault. Arranging a meeting with a child with the intent to sexually assault that child is a crime in and of itself.

“What if an adult sends my child pornographic material over the internet?”

Sending or selling a child pornography or other obscene material is a misdemeanor. (§ 28-808). If someone tries to sell or give your child pornographic material online, you should contact the 24-hour CyberTipline at 1-800-843-5678 or at www.cybertipline.com. Federal law requires that Internet Service Providers (ISPs) report any child sexual exploitation or child pornography to the tipline.

“What are some signs my child has been targeted by an online predator?”

·   They spend large amounts of time online, especially at night.
·   You find pornography on your child’s computer.
·   They receive or make phone calls from or to people you do not know.
·   They receive mail, gifts, or packages from someone you do not know.
·   They turn the computer monitor off or close a computer screen when you come into the room.
·   They become withdrawn from the family.
·   They are using an online account belonging to someone else.

For more information on internet safety go to www.fbi.gov and search for A Parent’s Guide to Internet Safety or call the Omaha FBI office at (402) 493-8688.

Juvenile Court

Any minor under the age of 16 will be tried in juvenile court. (§ 43-247). If the juvenile is 16 or 17 years of age, they may be tried as an adult. The prosecutor chooses whether to pursue charges against a minor in adult or juvenile court based on several factors including whether the offense was violent or premeditated, the juvenile’s history, and the age and maturity of the child. (§ 43-276).

“Can my child be arrested just like an adult?”

Your child may be taken into temporary custody (this is not an arrest) by a police officer without a warrant if: your child violates the law in front of the officer, the officer suspects that you child committed a felony, it is necessary for your child’s protection, or the officer reasonably believes your child is a runaway. (§ 43-248(1)-(5). Anyone under 18 is permitted to call an attorney upon arrival at the police station. (§ 43-248.01).

If your child is taken into temporary custody, you will be notified by police. The police officer will either release your child to you after you sign a notification of the date and time you and your child must appear in juvenile court or the police officer will turn your child over to a probation officer who will decide whether to release your child to you or to detain your child longer. (§ 43-250(3)). If the probation officer decides to detain your child longer it will likely be in a juvenile detention facility. A juvenile may not be held in a secure juvenile detention facility for more than 24 hours without a hearing in front of the court. (§ 43-253). A juvenile must be released unconditionally within 48 hours. (§ 43-255).

Kids in Need of Supervision

A child in need of supervision is a minor under the age of 18 who cannot be controlled by their parent because they are habitually disobedient, habitually truant from school or home, or has tried to injure or seriously endanger their own or others’ morals or health. (§ 28-709(2)(b)).

Any person who by their acts encourages, causes, or contributes to a child becoming a child in need of supervision is guilty of contributing to the delinquency of a minor. (§ 28-709(1)).

Parents’ Rights and Responsibilities

Your rights as a parent include the following:

Custody and control: Under the U.S. Constitution, you have the right to the custody and control of your children. This is true unless your parental rights are taken away because you are found to be an unfit parent. Your right to have custody and control over your child allows you to choose where your child lives, the school they attend, what medical care they receive, and what, if any, religion they practice.

Cooperation and obedience: You are expected to control your child and you have the right to discipline your child, but not to the point of abuse or neglect. You may choose to give up your parental rights in extreme circumstances if your child is beyond parental control. Your parental rights may be terminated if a court finds that you cannot adequately control your child. If your parental rights end, the state will take over and provide for your child’s basic needs and education.

Parental responsibilities: Your greatest parental responsibility is to financially support your children. (§ 43-1402). Both parents are responsible for supporting the child even if the child is born out of wedlock.

Supervision and control of children: You are responsible for controlling your children. You will be held legally responsible and have to pay for any intentional and willful damage your child does to any person or property. However, you can only be held liable for medical bills resulting from personal injury up to one thousand dollars. (§ 43-801).

“If my child dies, may I sue the person responsible?”

Yes, you may file a wrongful death action. If your child is killed as a result of a person or business’ wrongful act or negligence that would have entitled your child to recover damages while alive, then you may sue in your child’s name to recover damages after their death. (§ 30-809(1)).

Police and Police Encounters

Do not resist arrest. Resisting arrest and assault of a police officer are stand alone crimes. This means that even if your child is innocent of the crime for which they are arrested, if they resist arrest then they are guilty of resisting arrest. (§ 28-904, § 28-931). Resisting arrest for the first time is a misdemeanor and assault of a

police officer is a felony. Not only is it against the law to struggle with a police officer, it is also dangerous. Police will use their weapons if they believe they are in danger. If your child is ever injured by a police officer, you should take photographs of the injures and make a note of the officer’s badge number and the names of any witnesses, if possible.

Respectfully decline permission to search. Just like you, your child has a Fourth Amendment right against unlawful searches and seizures under the U.S. Constitution. That means that your child can and should tell a police officer no when the officer asks your child if they may search your child’s backpack or bedroom. Police may conduct a full-scale search of someone who has been arrested. Without such arrest, police may only do a pat-down for the officer’s safety and search what your child has given them permission to search. Your child should not give police permission to search their belongings.

Remain silent. If your child is taken into temporary custody, the police must read them their Miranda rights. A Miranda warning includes the right to remain silent. Therefore, if your child is arrested, they only have to give basic information like their name, address, parents’ names and phone number to the police. They can and should refuse to answer all other questions asked by the police until they speak to their parents and an attorney. If your child begins to answer questions asked by the police, they may stop answering questions any time they so choose.

Get your court date. If your child is released to you after being temporarily detained, you will need to sign a notice that you will appear with your child for your child’s court date. It is extremely important that your child is present and on time for a court appearance. If your child fails to show up for a court date, a warrant could be issued for your or your child’s arrest. (§ 43-270).

Do not talk about your case. Your child should not talk about to anyone other than you and their attorney about the criminal charges brought against them. If your child does talk to friends or others about their case, the police may be able to use their statements against them in court. It is important that when your child talks to their attorney they are open and honest. If criminal charges are brought against your child and you are unable to afford an attorney for them, you should ask for a court-appointed attorney at your child’s first court date and the judge will appoint a court-appointed attorney to your child’s case. A court-appointed attorney will defend your child at no charge.

Privacy and Kids

Kids are primarily concerned with their right to privacy at school and at home. Your child has a right to not be subject to unreasonable searches and seizures by the government. At school, your child may be subject to searches of their desk or their locker if such search is reasonable under the circumstances. To be reasonable, the school’s legitimate interests must outweigh your child’s right to privacy. At home, you may permit police to search your child’s bedroom and you have the right to search it yourself.

“What private decisions may my child make without my consent?”

Your child may receive diagnosis and treatment for sexually transmitted diseases (STDs) without your consent. Even though your child does not need your consent to receive treatment, you are responsible for the cost of your child’s treatment. (§ 71-504).

“May my child get a tattoo without my permission?”

No, it is a misdemeanor to perform body art on a person under 18 years of age. You child must not only have your permission to get body art, but you must also be present during the procedure. (§ 71-3,236).

Receiving Stolen Property

It is illegal to possess property that you know or believe is stolen. It is not a crime to possess property that you do not think is stolen. If your child is charged with theft by receiving stolen property thecourt will determine whether your child knew the property was stolen based on how much they paid for the item as compared to the retail price, if they attempted to hide the item, or if they removed identifying features of the item such as a serial number.

Schools and School Rules

Your child is required by state law to attend high school until they either graduate or turn 18. (§ 79-201(1)(b)). Each school district has its own set of attendance rules that students must follow. However, no matter what school district your child resides in, the maximum number of days a student may miss in any school district is 20 days per year. (§ 79-209(4)).

“Must my child have immunization shots before being enrolled in school?”

Your child must be immunized for measles, mumps, rubella, poliomyelitis, diphtheria, pertussis, and tetanus prior to enrollment in school or they will not be permitted to attend school. (§ 79-217).

Sex and Kids

It is illegal for anyone at least 19 years of age to have sex with a minor. (§ 28-319). A minor cannot give legal consent to sexual intercourse. Therefore, even if a minor is in love and chooses to have sex with an adult, that adult is still guilty of sexual assault.

Smoking and Kids

Minors who smoke cigarettes or cigars, or use tobacco in any form are guilty of a misdemeanor. (§ 28-1418). It is also a misdemeanor for a minor to misrepresent their age to buy tobacco. (§ 28-1,427). It is illegal to sell or give tobacco to a minor. (§ 28-1419). A minor may not be prosecuted with use of tobacco if they produce evidence for the conviction of the person who sold or gave them the tobacco.

Stealing

Theft is taking another person’s property with the intent of depriving the true owner of it. Theft includes stealing, burglary, and embezzlement. You might think of burglarizing someone’s home when you think of theft. You should know that smaller things, like not paying your bill at a restaurant, is also theft.

Using or stealing a credit or debit card that is not yours to make purchases is theft. (§ 28-512). Shoplifting, stealing merchandise from a store, is also theft. If your child is convicted of shoplifting, you are responsible for the cost of the merchandise they stole and legal costs including court costs and the store attorney’s fees. (§ 25-2,194).

Truancy

If your child is truant from school many times, they may be considered habitually truant. Each school district has different standards for determining when a child is considered habitually truant, but no school district allows a student to miss more than 20 days a year. When a child is deemed habitually truant, the parent or guardian of the child will be notified. If the child continues to be habitually truant, the attendance officer will report the violation to the county attorney. The county attorney may file a lawsuit against you if your child is continues to be habitually truant after you have been warned by the attendance officer. Violating the law that your child must attend school is a misdemeanor. (§ 79-209(4)).

Work, Work Permits, and Tax

Kids under the age of 16 must have an employment certificate in order to work. (§ 48-302). No employment certificate is required for children who work under the supervision of their parents at their family business. Under state law, children 14 and 15 years of age are not permitted to work more than eight hours a day, forty-eight hours a week, before the hour of 6:00 a.m. or after the hour of 10:00 p.m. (§ 48-310).

“Does my child have to pay taxes?”

An unmarried dependant child must file a federal income tax return if their earned and unearned income exceeds the basic standard deduction ($5,150 in 2006). Even if your teenager does not have to file a federal income tax return, they should file if they had income tax withheld from their pay so they can get an income tax return.

Gangs, Gang Colors, and Dress Codes

Membership in a gang is not illegal, but the criminal activities that often occur at the hands of gangs are illegal.

“How can I identify a gang member?”

Clothing alone cannot positively identify a gang member, but it can be a good clue. Hispanic gang members usually wear a white t-shirt, baggy pants, and a blue or black knit cap (beanie) or bandana tied around the forehead. Black gangs have adopted particular colors. The “Crips” wear blue and black and the “Blood” gangs wear red. Brown and purple are other common gang colors. Green usually means a person is a drug dealer or declaring neutrality. (Los Angeles Police Department (LAPD)).

“What can I do to prevent gang activity?”

Join a Neighborhood Watch program. To find out about the program call (402) 444-5772. If you suspect gang or drug-related activity, notify the police.

“What are some signs my child has joined a gang?”

Signs your child may be involved with a gang are truancy from school or work, a decline in grades, changing friends, curfew violations, graffiti in their bedroom, a refusal to wear certain colors, or use of gang signs or language. (Omaha Police Department(OPD)).

Legal Terms Glossary

Attorney/Lawyer: a person who practices law.

Beyond a reasonable doubt: the standard used by a jury to determine whether a criminal defendant is guilty.

Civil action: an action brought to enforce, redress, or protect a private or civil right; not criminal.

Complaint: the initial pleading that starts a civil action.

Convict: to find (a person) guilty of a criminal offense.

Crime: an act that the law makes punishable.

Damages: money claimed by, or ordered to be paid to, a person as compensation for loss or injury.

Defendant: a person sued in a civil proceeding or accused in a criminal proceeding.

District attorney/Prosecutor: a public official who represents the state in criminal cases.

Felony: a serious crime usually punishable by imprisonment for more than one year or by death.

Misdemeanor: a crime less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement (usually for a brief term) in a place other than prison (county jail).

Plaintiff: the party who brings a civil suit in a court of law.

Preponderance of the evidence: the burden of proof used in civil trials; the greater weight of the evidence.

Source: Black’s Law Dictionary

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Lauren E. Dreshman

Under the supervision of Patrick M. Ford, Esq.