Nebraska § 28-316.01 Sexual abuse by a school worker; penalty

Nebraska Statutes

§ 28-316.01 — Sexual abuse by a school worker; penalty

Nebraska § 28-316.01

Ch. 28Crimes and Punishments

This text of Nebraska § 28-316.01 (Sexual abuse by a school worker; penalty) 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. § 28-316.01 (2026).

Text

(1)For purposes of this section:

(a)Sexual contact has the same meaning as in section 28-318 ;

(b)Sexual penetration has the same meaning as in section 28-318 ;

(c)School means a public, private, denominational, or parochial school approved or accredited by the State Department of Education;

(d)School contract worker means a person nineteen years of age or older who, as part of such person's employment, is assigned to work at a school and works in proximity to students of such school, but who is not employed by such school;

(e)School employee means a person nineteen years of age or older who is employed by a school;

(f)School worker means a school contract worker or a school employee; and

(g)Student means a person at least sixteen but not more than nineteen years of age enrolled

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(1) For purposes of this section:
(a) Sexual contact has the same meaning as in section 28-318 ;
(b) Sexual penetration has the same meaning as in section 28-318 ;
(c) School means a public, private, denominational, or parochial school approved or accredited by the State Department of Education;
(d) School contract worker means a person nineteen years of age or older who, as part of such person's employment, is assigned to work at a school and works in proximity to students of such school, but who is not employed by such school;
(e) School employee means a person nineteen years of age or older who is employed by a school;
(f) School worker means a school contract worker or a school employee; and
(g) Student means a person at least sixteen but not more than nineteen years of age enrolled in or attending a school, or who was such a person enrolled in or who attended school within ninety days of any violation of this section.
(2) A person commits the offense of sexual abuse by a school worker if a school worker subjects a student in the school to which such worker is assigned for work to sexual penetration or sexual contact, or engages in a pattern or scheme of conduct to subject a student in the school to which such worker is assigned for work to sexual penetration or sexual contact. It is not a defense to a charge under this section that the student consented to such sexual penetration or sexual contact.
(3) Any school worker who engages in sexual penetration with a student is guilty of sexual abuse by a school worker in the first degree. Sexual abuse by a school worker in the first degree is a Class IIA felony.
(4) Any school worker who engages in sexual contact with a student is guilty of sexual abuse by a school worker in the second degree. Sexual abuse by a school worker in the second degree is a Class IIIA felony.
(5) Any school worker who engages in a pattern or scheme of conduct with the intent to subject a student to sexual penetration or sexual contact is guilty of sexual abuse by a school worker in the third degree. Sexual abuse by a school worker in the third degree is a Class IV felony.