Nebraska Statutes 28-810. Prosecution; defense
It shall be a defense to a prosecution under sections 28-808 and 28-809 that:
Terms Used In Nebraska Statutes 28-810
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
(1) Such person had reasonable cause to believe that the minor involved was eighteen years of age or more, and that such reasonable cause is based on but not limited to the presentation by the minor exhibited to such person of a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that such minor was eighteen years of age or more;
(2) The minor was accompanied by his parent or guardian and such person had reasonable cause to believe that the person accompanying the minor was the parent or guardian of that minor;
(3) Such person had reasonable cause to believe that the person was the parent or guardian of the minor; and
(4) Such person’s activity falls within the defenses to a prosecution contained in section 28-815.