28-322.06. Sexual abuse by a conservator, guardian, or guardian ad litem; first or second degree; penalty.
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/ne/chapter-28/28-322-06A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A conservator, guardian, or guardian ad litem shall not subject any individual whom he or she has been appointed to serve as a conservator, guardian, or guardian ad litem to sexual penetration or sexual contact.
(2)It is not a defense to a charge under this section that such individual consented to such sexual penetration or sexual contact.
(3)Sexual contact or sexual penetration between spouses is not a violation of this section.
(4)A conservator, guardian, or guardian ad litem who subjects an individual to sexual penetration in violation of this section is guilty of sexual abuse by a conservator, guardian, or guardian ad litem in the first degree. Such offense is a Class IIA felony.
(5)A conservator, guardian, or guardian ad litem who subjects an individual to sexual contact in violation of this section is guilty of sexual abuse by a conservator, guardian, or guardian ad litem in the second degree. Such offense is a Class IIIA felony.