(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.
Notes of Decisions
Cited in
4
cases, 2010–2013 · leading case:
Doe v. Nebraska, 898 F. Supp. 2d 1086 (D. Neb. 2012).
Doe v. Nebraska, 898 F. Supp. 2d 1086 (D. Neb. 2012).
· cites it 94× “Neb.Rev.Stat. § 28-322.05: (1)Any person required to register under the Sex Offender Registration Act who is required to register because of a conviction for one or more of the following offenses, including any substantially equivalent offense committed in another state,…”
Doe v. Nebraska, 734 F. Supp. 2d 882 (D. Neb. 2010).
· cites it 43× “LB 97 also created two new statutes, which are codified as Neb.Rev.Stat. §§ 28-322.05 and 294001.01.”
Doe 1-36 v. Nebraska, 788 F. Supp. 2d 975 (D. Neb. 2011).
· cites it 2× “• How Neb.Rev.Stat. § 28-322.05 actually operates and whether its operation violates the Due Process Clause of the Fourteenth Amendment and the First Amendment.”
State v. Packingham, 748 S.E.2d 146 (N.C. Ct. App. 2013).
· cites it 3× “*299 Similarly, Nebraska statute Neb. Rev. Stat. § 28-322.05 (1) (2012) made it unlawful for certain registered sex offenders “to knowingly and intentionally use[] a social networking web site, instant messaging, or chat room service that allows a person who is less than…”
— Neb. Rev. Stat. § 28-322.05(1) — 1 case
Doe v. Nebraska, 898 F. Supp. 2d 1086 (D. Neb. 2012).
“Neb.Rev.Stat. § 28-322.05: (1)Any person required to register under the Sex Offender Registration Act who is required to register because of a conviction for one or more of the following offenses, including any substantially equivalent offense committed in another state,…”
— Neb. Rev. Stat. § 28-322.05(2) — 1 case
Doe v. Nebraska, 898 F. Supp. 2d 1086 (D. Neb. 2012).
“Neb.Rev.Stat. § 28-322.05: (1)Any person required to register under the Sex Offender Registration Act who is required to register because of a conviction for one or more of the following offenses, including any substantially equivalent offense committed in another state,…”
— Neb. Rev. Stat. § 28-322.05(b) — 1 case
Doe v. Nebraska, 734 F. Supp. 2d 882 (D. Neb. 2010).
“LB 97 also created two new statutes, which are codified as Neb.Rev.Stat. §§ 28-322.05 and 294001.01.”
— Neb. Rev. Stat. § 28-322.05(l)(a) — 1 case
Doe v. Nebraska, 898 F. Supp. 2d 1086 (D. Neb. 2012).
“Neb.Rev.Stat. § 28-322.05: (1)Any person required to register under the Sex Offender Registration Act who is required to register because of a conviction for one or more of the following offenses, including any substantially equivalent offense committed in another state,…”
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