Neb Rev Stat 28-707 - Interpretation

In State v. Parks, 5 Neb. App. 814, 565 N.W.2d 734 (1997) the Court discussed in detail whether Neb. Rev. Stat 28-707 is a specific intent or a general intent statute. The Court concluded that this statute is a general intent statute. State v. Parks, supra. The Court further found that it was not necessary for the State to prove that the defendant intended a specific injury to the child. See id. To prove child abuse under this statute, the State must prove the child: (1) is placed in a situation that endangers his or her life or health; (2) is cruelly confined or cruelly punished; (3) is deprived of necessary food, clothing, shelter, or care; (4) is placed in a situation to be sexually exploited by allowing, encouraging, or forcing such minor child to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions; or (5) placed in a situation to be sexually abused as defined in Neb. Rev. Stat. 28-319 (Reissue 1995) or 28-320.01 (Cum. Supp. 2000). "It is these five acts which the statute criminalizes, and as general intent crimes, the actor need do only one of the five prohibited acts or omissions to be criminally liable. The extent of that liability, whether misdemeanor or felony, and the class of felony are determined by the seriousness of the injury and by the degree of violation involved--knowingly and intentionally versus merely negligently." (State v. Parks, 5 Neb. App. at 822, 565 N.W.2d at 740.)