State v. Wilson, 947 N.W.2d 704

Wilson (21) pleaded no contest to first-degree sexual assault and attempted possession of a visual depiction of sexually explicit conduct involving a minor; victim was 15.
Factual basis (unchallenged at plea): Wilson met the victim after messaging, provided alcohol, the victim became intoxicated, said she did not want intercourse, but intercourse nevertheless occurred; victim later reported no memory and said she did not consent.
At sentencing the district court found Wilson committed an "aggravated offense" under Nebraska's Sex Offender Registration Act (SORA) and ordered lifetime registration.
Wilson appealed, arguing the court erred in finding an aggravated offense; the State argued sentencing courts no longer have authority to make that determination (State Patrol should).
The Nebraska Supreme Court held: (1) sentencing courts retain authority to determine aggravated offenses and to inform defendants of registration duration; (2) the State Patrol cannot overturn a sentencing court’s aggravated-offense finding; (3) sentencing courts may consider the factual basis and presentence report when making the aggravated-offense determination; (4) on the record, the court had clear-and-convincing evidence of aggravation (nonconsent/physical incapacity from intoxication), so lifetime registration was proper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Who may determine whether an offense is "aggravated" for SORA registration duration?	State: 2009 amendments vested that role with the State Patrol, not sentencing courts.	Wilson: sentencing court must decide whether offense was aggravated.	Court: sentencing courts may determine aggravated status at sentencing; State Patrol cannot later override that finding.
Scope of judicial inquiry in making aggravated-offense finding	State: (implicit) later administrative review by Patrol decides appropriate period.	Wilson: court may consider only the elements of the convicted offense (not underlying factual basis).	Court: sentencing courts may consider any record information (factual basis, presentence report) when determining aggravation.
Sufficiency of evidence to support aggravated-offense finding	State: supports lifetime registration based on record facts.	Wilson: insufficient evidence of actual nonconsent; aggravated definition requires actual (not merely legal) nonconsent.	Court: viewing evidence favorably to State, clear-and-convincing proof supported finding of nonconsent/physical incapacity from intoxication; aggravated offense and lifetime registration affirmed.

State v. Hamilton, 277 Neb. 593 (2009) (held sentencing courts may consider record information, including plea factual basis and PSR, to determine SORA aggravation)
State v. Norman, 285 Neb. 72 (2013) (addresses sufficiency review and standards for SORA-related findings)
State v. Dean, 288 Neb. 530 (2014) (statutory interpretation principles: plain meaning and giving effect to all statutory parts)