28-1701. Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions.

381 words·~2 min read·/ne/chapter-28/28-1701

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if such person witnessed or was the victim of a sexual assault and such person:

(a)Either:

(i)In good faith, reported such sexual assault to law enforcement; or

(ii)Requested emergency medical assistance for the victim of the sexual assault; and

(b)Evidence supporting the arrest or prosecution of the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting such sexual assault to law enforcement or requesting emergency medical assistance.

(2)A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if:

(a)Evidence supporting the arrest or prosecution of the person for the offense was obtained or discovered as a result of the investigation or prosecution of a sexual assault; and

(b)Such person cooperates with law enforcement in the investigation or prosecution of the sexual assault.

(3)For purposes of this section:

(a)Eligible alcohol or drug offense means:

(i)A violation of subsection

(3)or

(14)of section 28-416 or of section 28-441 ;

(ii)A violation of section 53-180.02 committed by a person older than eighteen years of age and under the age of twenty-one years, as described in subdivision (4)(a) of section 53-180.05 ;

(iii)A violation of a city or village ordinance similar to subdivision (3)(a)(i) or

(ii)of this section; or

(iv)Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses in subdivision (3)(a)(i), (ii), or

(iii)of this section as the underlying offense; and

(b)Sexual assault means:

(i)A violation of section 28-316.01 , 28-319 , 28-319.01 , 28-320 , 28-320.01 , 28-320.02 , 28-322.01 , 28-322.02 , 28-322.03 , 28-322.04 , 28-322.05 , 28-322.06 , 28-322.07 , 28-703 , or 28-1805 , sex trafficking or sex trafficking of a minor under section 28-831 , or subdivision (1)(c) or

(g)of section 28-386 or subdivision (1)(d), (e), or

(f)of section 28-707 ; or

(ii)Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses listed in subdivision (3)(b)(i) of this section as the underlying offense.