Nebraska Statutes 28-322.05. Sexual abuse of a detainee; penalty
(1) For purposes of this section:
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class IIA felony | up to 20 years | |
| Class IIIA felony | up to 3 years | up to $10,000 |
Terms Used In Nebraska Statutes 28-322.05
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(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.