33 Neb. App. 12
Neb. Ct. App.2024Background
- Chad R. Clausen, a registered sex offender, was registered as residing in Douglas County, Nebraska.
- Authorities received a tip that Clausen was staying at a residence in Washington County, Nebraska.
- Investigation revealed Clausen had been staying at the Washington County residence regularly (testimony ranged from 3-4 months to possibly 6 months), and he admitted to staying there “most nights.”
- Clausen did not register the Washington County address as required by the Nebraska Sex Offender Registration Act (SORA), which mandates registration of any new address, temporary domicile, or habitual living location within three working days prior to change.
- The district court found Clausen violated SORA by not timely registering in Washington County and convicted him; Clausen appealed, arguing insufficient evidence and unconstitutional vagueness of the statutory terms.
Issues
| Issue | Clausen's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for establishing a temporary domicile or habitual living location | State failed to prove Clausen stayed at the new residence for 3 consecutive working days or more than 3 days as required by statute | Clausen stayed at the new residence "most nights,” which meets the statutory definition; credible testimony supports SORA violation | Evidence sufficient for conviction; affirmed |
| Constitutionality (vagueness) of SORA provisions | Statutory terms (e.g., "temporary domicile") are impermissibly vague | Statute is clear and prior authority defines terms adequately | Not reached due to procedural noncompliance in perfecting the constitutional challenge |
Key Cases Cited
- State v. Keadle, 311 Neb. 919 (standard of appellate review for sufficiency of evidence in criminal convictions)
- State v. Hochstein & Anderson, 262 Neb. 311 (penal statutes must be interpreted sensibly to fulfill their remedial purposes)
- State v. Wilson, 306 Neb. 875 (purpose of SORA to protect the public by tracking sex offender locations)
- SID No. 596 v. THG Development, 315 Neb. 926 (procedural requirements for raising constitutional challenges on appeal)