Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions.
Neb. Rev. Stat. § 28-1701
in effect28-1701. Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions.
(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 (14) 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, 28-322.06, 28-322.07, 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.
Laws 2022, LB519, § 3; Laws 2025, LB383, § 17; Laws 2026, LB795, § 4; Laws 2026, LB965, § 21. Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB795, section 4, with LB965, section 21, to reflect all amendments. Note: Changes made by LB795 became effective July 18, 2026. Changes made by LB965 became operative July 18, 2026.
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=28-1701Fetched: 10/20/2026