Nebraska Statutes 28-112. Allegations set forth in indictment or information; burden of proof
Current as of: 2023 | Check for updates
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The allegations stating that the underlying offense was committed because of the person‘s race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person’s association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability shall be set forth in the indictment or information. It is the burden of the prosecuting attorney to prove such allegations beyond a reasonable doubt to the judge or jury in the state‘s case in chief.
Terms Used In Nebraska Statutes 28-112
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801