{"data":{"id":"us-ne/neb.-rev.-stat.-28-322.05","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 28-322.05","heading":"Neb. Rev. Stat. § 28-322.05","body":"(1) For purposes of this section:\n\n(a) Detainee means an individual who has been:\n\n(i) Arrested by a person;\n\n(ii) Detained by a person, regardless of whether the detainee has been arrested or charged; or\n\n(iii) Placed into the custody of a person, regardless of whether the detainee has been arrested or charged;\n\n(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\n\n(c) Person means an individual:\n\n(i) Who is employed by a law enforcement agency, including an individual working under contract with the agency;\n\n(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\n\n(iii) Who is not the spouse of a detainee.\n\n(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.\n\n(3) An otherwise lawful pat-down or body cavity search by a person is not a violation of this section.\n\n(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.\n\n(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.","path":["NE Code","Chapter 28"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-322.05","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"7bb5907bc8d1d3b757b9fbd27f9bf46906496449c64b940b3b01d386e3d29c54","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-28-322.04","next":"us-ne/neb.-rev.-stat.-28-323"},"notice":"GroundRules: Original legal text. Not legal advice."}