Nebraska § 28-1701 Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions

Nebraska Statutes

§ 28-1701 — Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions

Nebraska § 28-1701

Ch. 28Crimes and Punishments

This text of Nebraska § 28-1701 (Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-1701 (2026).

Text

(1)A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if such person witnessed or was the victim of a sexual assault and such person:

(a)Either:

(i)In good faith, reported such sexual assault to law enforcement; or

(ii)Requested emergency medical assistance for the victim of the sexual assault; and

(b)Evidence supporting the arrest or prosecution of the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting such sexual assault to law enforcement or requesting emergency medical assistance.

(2)A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if:

(a)Evidence supporting the arrest or prosecution of the person for the offense was obtained or discovered as a result of the invest

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(1) A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if such person witnessed or was the victim of a sexual assault and such person:
(a) Either:
(i) In good faith, reported such sexual assault to law enforcement; or
(ii) Requested emergency medical assistance for the victim of the sexual assault; and
(b) Evidence supporting the arrest or prosecution of the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting such sexual assault to law enforcement or requesting emergency medical assistance.
(2) A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if:
(a) Evidence supporting the arrest or prosecution of the person for the offense was obtained or discovered as a result of the investigation or prosecution of a sexual assault; and
(b) Such person cooperates with law enforcement in the investigation or prosecution of the sexual assault.
(3) For purposes of this section:
(a) Eligible alcohol or drug offense means:
(i) A violation of subsection (3) or (13) of section 28-416 or of section 28-441 ;
(ii) A violation of section 53-180.02 committed by a person older than eighteen years of age and under the age of twenty-one years, as described in subdivision (4)(a) of section 53-180.05 ;
(iii) A violation of a city or village ordinance similar to subdivision (3)(a)(i) or (ii) of this section; or
(iv) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses in subdivision (3)(a)(i), (ii), or (iii) of this section as the underlying offense; and
(b) Sexual assault means:
(i) A violation of section 28-316.01 , 28-319 , 28-319.01 , 28-320 , 28-320.01 , 28-320.02 , 28-322.01 , 28-322.02 , 28-322.03 , 28-322.04 , 28-322.05 , 28-703 , or 28-1805 , sex trafficking or sex trafficking of a minor under section 28-831 , or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707 ; or
(ii) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses listed in subdivision (3)(b)(i) of this section as the underlying offense.