Nebraska Lawmaker Public Indecency: Legal Penalties, Impeachment Process, and Ethics
When an elected official in Nebraska faces criminal charges, the fallout is both legal and political. The 2025 case of State Senator Dan McKeon—cited for alleged unwanted touching at a Lincoln event—illustrates how Nebraska criminal law, constitutional accountability, and legislative ethics intersect. The charge of public indecency, defined under Nebraska Revised Statute § 28-806, carries more than just the threat of jail time. It raises questions about how misconduct affects public office, impeachment, and public trust in Nebraska’s Unicameral Legislature. This article explains the law, potential penalties, and ethical implications, offering reliable guidance for anyone seeking clarity on this high-profile issue or facing similar charges themselves.
What Is Public Indecency Under Nebraska Law?
Under Nebraska Revised Statute § 28-806, a person aged 18 or older commits public indecency if, in a public place where the conduct may reasonably be viewed by others, they:
(1) engage in an act of sexual penetration,
(2) expose the genitals with intent to affront or alarm, or
(3) lewdly fondle or caress another person’s body.
The statute expressly states that public breastfeeding is not a violation.
A violation is classified as a Class II misdemeanor. While § 28-806 does not list the sentencing range, under Nebraska’s misdemeanor penalties, a Class II conviction typically carries up to six months in jail and/or a $1,000 fine (Neb. Rev. Stat. § 28-106).
Understanding the precise definition is the first step in building a legal defense against public indecency charges in Nebraska. These cases often depend on context, witness credibility, and intent—factors that an experienced defense attorney can effectively address.
The Ethics Accountability Gap: The Call for Legislative Reform
When elected officials are accused of crimes, the public expects transparency and accountability. Yet Nebraska currently has no standing ethics or disciplinary committee within its Unicameral Legislature. As seen in Senator McKeon’s case, consequences often play out in the court of public opinion rather than through an established investigative process.
This gap has renewed discussion about legislative ethics reform in Nebraska. Critics argue that relying solely on media coverage or gubernatorial pressure leads to inconsistency and erodes due process, while reform advocates want a clear, standardized review process.
Without a formal mechanism, public indecency allegations become both a criminal matter and a political test of how Nebraska’s institutions handle misconduct by their own members.
How Does Nebraska Handle Criminal Charges Against Public Officials?
Public officials in Nebraska face the same criminal process as private citizens: citation or arrest, arraignment, possible plea discussions, and trial if necessary. The distinction lies in public scrutiny and political repercussions.
In the McKeon case, the Nebraska State Patrol issued a citation, and Governor Jim Pillen publicly called for McKeon’s resignation within days. Fellow senators, including Megan Hunt, echoed that call. These rapid responses highlight how quickly political fallout can precede any verdict.
Because the criminal process—not public opinion—determines guilt and punishment, retaining an experienced Nebraska criminal defense attorney is essential. A skilled lawyer ensures that constitutional rights are protected and that the case proceeds on evidence, not emotion or politics.
Can a Nebraska Legislator Be Removed or Impeached?
Yes. The Nebraska Constitution gives the Legislature the sole power of impeachment for “misdemeanor in office” or gross misconduct. The term refers not only to criminal misdemeanors but to any conduct undermining public trust or integrity.
How the Process Works
A majority vote in the Legislature is required to impeach.
The Nebraska Supreme Court then conducts a trial to determine guilt.
A two-thirds vote of the Justices is required for conviction, resulting in removal from office and disqualification from future service.
Because impeachment proceedings are rare, political and public pressure often drive outcomes. Still, the power of impeachment for a Nebraska state senator remains a constitutional safeguard when ordinary criminal prosecution cannot address misconduct in office.
Why Cases Like This Matter for Public Trust
Cases involving public indecency by elected officials touch directly on public integrity and confidence in government. They test the boundaries between private conduct and public accountability.
Governor Pillen’s and other lawmakers’ reactions to the McKeon case underscore how swiftly ethical questions can reshape political landscapes. The case has become part of a broader debate on whether Nebraska should formalize its ethics oversight—ensuring that public officials are held to consistent standards while preserving fairness.
FAQ: Nebraska Lawmakers and Public Indecency
What does Nebraska consider public indecency?
Public indecency includes sexual penetration, genital exposure intended to alarm, or lewd fondling or caressing in a public place visible to others. (Neb. Rev. Stat. § 28-806)
What are the penalties for public indecency in Nebraska?
It is a Class II misdemeanor. Under Nebraska’s penalty statute (§ 28-106), this means up to six months in jail and/or a $1,000 fine, though actual sentencing depends on the facts and prior record.
Can a Nebraska senator be impeached for a misdemeanor?
Yes. The Constitution permits impeachment for “misdemeanor in office,” a broad term covering acts that compromise public trust, even if unrelated to official duties.
Does Nebraska have a legislative ethics committee?
No. Nebraska’s Unicameral Legislature has no standing ethics or disciplinary committee. Accountability currently relies on impeachment and political action.
What happens if a lawmaker refuses to resign?
Unless impeached or expelled, the legislator may remain in office while charges are pending. In most cases, sustained public pressure or loss of support leads to voluntary resignation.