28-322.05. Sexual abuse of a detainee; penalty.

357 words·~2 min read·/ne/chapter-28/28-322-05

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

(1)For purposes of this section:

(a)Detainee means an individual who has been:

(i)Arrested by a person;

(ii)Detained by a person, regardless of whether the detainee has been arrested or charged; or

(iii)Placed into the custody of a person, regardless of whether the detainee has been arrested or charged;

(b)Law enforcement agency means an agency or department of this state or of any political subdivision of this state which is responsible for the prevention and detection of crime; the enforcement of the penal, traffic, or highway laws of this state or any political subdivision of this state; and the enforcement of arrest warrants. Law enforcement agency includes a police department, an office of the town marshal, an office of the county sheriff, the Nebraska State Patrol, and any department to which a deputy state sheriff is assigned as provided in section 84-106 ; and

(c)Person means an individual:

(i)Who is employed by a law enforcement agency, including an individual working under contract with the agency;

(ii)To whom the law enforcement agency has authorized or delegated authority to make arrests, to place a detainee in detention or custody, or to otherwise exercise control over a detainee or a detainee's activities; and

(iii)Who is not the spouse of a detainee.

(2)A person commits the offense of sexual abuse of a detainee if the person engages in sexual penetration or sexual contact with a detainee. It is not a defense to a charge under this section that the detainee consented to such sexual penetration or sexual contact.

(3)An otherwise lawful pat-down or body cavity search by a person is not a violation of this section.

(4)Any person who engages in sexual penetration with a detainee is guilty of sexual abuse of a detainee in the first degree. Sexual abuse of a detainee in the first degree is a Class IIA felony.

(5)Any person who engages in sexual contact with a detainee is guilty of sexual abuse of a detainee in the second degree. Sexual abuse of a detainee in the second degree is a Class IIIA felony.