reglab/housing_qa huggingface dataset:
NE Code § 28-322 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-322 - Sexual abuse of an inmate or parolee; terms, defined.

28-322.  Sexual abuse of an inmate or parolee; terms, defined.For purposes of sections 28-322 to 28-322.03:(1) Inmate or parolee means any individual confined in a facility operated by the Department of Correctional Services or a city or county correctional or jail facility or under parole supervision; and(2) Person means (a) an individual employed by the Department of Correctional Services or by the Division of Parole Supervision, including any individual working in central administration of the department, any individual working under contract with the department, and any individual, other than an inmate's spouse, to whom the department has authorized or delegated control over an inmate or an inmate's activities, (b) an individual employed by a city or county correctional or jail facility, including any individual working in central administration of the city or county correctional or jail facility, any individual working under contract with the city or county correctional or jail facility, and any individual, other than an inmate's spouse, to whom the city or county correctional or jail facility has authorized or delegated control over an inmate or an inmate's activities, and (c) an individual employed by the Office of Probation Administration who performs official duties within any facility operated by the Department of Correctional Services or a city or county correctional or jail facility.Source  Laws 1999, LB 511, § 2;  Laws 2001, LB 155, § 1;  Laws 2004, LB 943, § 5;  Laws 2018, LB841, § 1.  Annotations The control requirement in this section applies only to those nonemployees or noncontractors to whom the Department of Correctional Services has authorized or delegated control over an inmate or an inmate’s activities. State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015).
NE Code § 28-322.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-322.01 - Sexual abuse of an inmate or parolee.

28-322.01.  Sexual abuse of an inmate or parolee.(1) A person commits the offense of sexual abuse of an inmate or parolee if such person subjects an inmate or parolee to sexual penetration or sexual contact as those terms are defined in section 28-318. It is not a defense to a charge under this section that the inmate or parolee consented to such sexual penetration or sexual contact.(2) An otherwise lawful pat-down or body cavity search by a person is not a violation of this section.Source  Laws 1999, LB 511, § 3;  Laws 2001, LB 155, § 2;  Laws 2004, LB 943, § 6;  Laws 2019, LB519, § 7.
NE Code § 28-322.02 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-322.02 - Sexual abuse of an inmate or parolee in the first degree; penalty.

28-322.02.  Sexual abuse of an inmate or parolee in the first degree; penalty.Any person who subjects an inmate or parolee to sexual penetration is guilty of sexual abuse of an inmate or parolee in the first degree. Sexual abuse of an inmate or parolee in the first degree is a Class IIA felony.Source  Laws 1999, LB 511, § 4;  Laws 2015, LB605, § 19.  Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.Annotations As used in this section, the word "subject" means to cause to undergo the action of something specified. State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015).
NE Code § 28-322.03 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-322.03 - Sexual abuse of an inmate or parolee in the second degree; penalty.

28-322.03.  Sexual abuse of an inmate or parolee in the second degree; penalty.Any person who subjects an inmate or parolee to sexual contact is guilty of sexual abuse of an inmate or parolee in the second degree. Sexual abuse of an inmate or parolee in the second degree is a Class IIIA felony.Source  Laws 1999, LB 511, § 5;  Laws 2015, LB605, § 20.  Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.
NE Code § 28-322.04 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-322.04 - Sexual abuse of a protected individual; penalties.

28-322.04.  Sexual abuse of a protected individual; penalties.(1) For purposes of this section:(a) Person means an individual employed by the Department of Health and Human Services and includes, but is not limited to, any individual working in central administration or regional service areas or facilities of the department and any individual to whom the department has authorized or delegated control over a protected individual or a protected individual's activities, whether by contract or otherwise; and(b) Protected individual means an individual in the care or custody of the department.(2) A person commits the offense of sexual abuse of a protected individual if the person subjects a protected individual to sexual penetration or sexual contact as those terms are defined in section 28-318. It is not a defense to a charge under this section that the protected individual consented to such sexual penetration or sexual contact.(3) Any person who subjects a protected individual to sexual penetration is guilty of sexual abuse of a protected individual in the first degree. Sexual abuse of a protected individual in the first degree is a Class IIA felony.(4) Any person who subjects a protected individual to sexual contact is guilty of sexual abuse of a protected individual in the second degree. Sexual abuse of a protected individual in the second degree is a Class IIIA felony.Source  Laws 2003, LB 17, § 2;  Laws 2007, LB296, § 26;  Laws 2015, LB605, § 21.  Cross References  Registration of sex offenders, see sections 29-4001 to 29-4014.Annotations Under this section, the word "subject" means to cause to undergo the action of something specified. State v. Wood, 296 Neb. 738, 895 N.W.2d 701 (2017).
NE Code § 28-322.05 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-322.05 - Sexual abuse of a detainee; penalty.

28-322.05.  Sexual abuse of a detainee; penalty.(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.Source Laws 2019, LB519, § 8.
NE Code § 28-323 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-323 - Domestic assault; penalties.

28-323.  Domestic assault; penalties.(1) A person commits the offense of domestic assault in the third degree if he or she:(a) Intentionally and knowingly causes bodily injury to his or her intimate partner;(b) Threatens an intimate partner with imminent bodily injury; or(c) Threatens an intimate partner in a menacing manner.(2) A person commits the offense of domestic assault in the second degree if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.(3) A person commits the offense of domestic assault in the first degree if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.(4) Violation of subdivision (1)(a) or (b) of this section is a Class I misdemeanor, except that for any subsequent violation of subdivision (1)(a) or (b) of this section, any person so offending is guilty of a Class IIIA felony.(5) Violation of subdivision (1)(c) of this section is a Class I misdemeanor.(6) Violation of subsection (2) of this section is a Class IIIA felony, except that for any second or subsequent violation of such subsection, any person so offending is guilty of a Class IIA felony.(7) Violation of subsection (3) of this section is a Class IIA felony, except that for any second or subsequent violation under such subsection, any person so offending is guilty of a Class II felony.(8) For purposes of this section, intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship. For purposes of this subsection, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.Source  Laws 2004, LB 613, § 5;  Laws 2010, LB507, § 2;  Laws 2015, LB605, § 22.  Annotations  Multiple counts of third degree domestic assault under this section are not the "same offense" for double jeopardy purposes if a break occurred between the alleged assaults that allowed the defendant to form anew the required criminal intent. State v. Kleckner, 291 Neb. 539, 867 N.W.2d 273 (2015). Pursuant to this section, the defendant and the victim were in a dating relationship and the victim was the defendant's "intimate partner," where their relationship began as casual or social, but progressed into a more serious relationship, their families considered them to be dating and each other's girlfriend or boyfriend, and the altercation was precipitated by the victim's concerns that the defendant was cheating on her by dating other girls. State v. Gay, 18 Neb. App. 163, 778 N.W.2d 494 (2009).
NE Code § 28-325 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-325 - Abortion; declaration of purpose.

28-325.  Abortion; declaration of purpose.The Legislature hereby finds and declares:(1) That the following provisions were motivated by the legislative intrusion of the United States Supreme Court by virtue of its decision removing the protection afforded the unborn. Sections 28-325 to 28-345 are in no way to be construed as legislatively encouraging abortions at any stage of unborn human development, but are rather an expression of the will of the people of the State of Nebraska and the members of the Legislature to provide protection for the life of the unborn child whenever possible;(2) That the members of the Legislature expressly deplore the destruction of the unborn human lives which has and will occur in Nebraska as a consequence of the United States Supreme Court's decision on abortion of January 22, 1973;(3) That it is in the interest of the people of the State of Nebraska that every precaution be taken to insure the protection of every viable unborn child being aborted, and every precaution be taken to provide life-supportive procedures to insure the unborn child its continued life after its abortion;(4) That currently this state is prevented from providing adequate legal remedies to protect the life, health, and welfare of pregnant women and unborn human life;(5) That it is in the interest of the people of the State of Nebraska to maintain accurate statistical data to aid in providing proper maternal health regulations and education;(6) That the existing standard of care for preabortion screening and counseling is not always adequate to protect the health needs of women;(7) That clarifying the minimum standard of care for preabortion screening and counseling in statute is a practical means of protecting the well-being of women and may better ensure that abortion doctors are sufficiently aware of each patient's risk profile so they may give each patient a well-informed medical opinion regarding her unique case; and(8) That providing right to redress against nonphysicians who perform illegal abortions or encourage self-abortions is an important means of protecting women's health.Source   Laws 1977, LB 38, § 40;   Laws 1997, LB 23, § 1;  Laws 2010, LB594, § 2.
NE Code § 28-327.02 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.02 - Abortion; emergency situation; physician; duties.

28-327.02.  Abortion; emergency situation; physician; duties.When an emergency situation compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial impairment of a major bodily function.Source  Laws 1993, LB 110, § 4.
NE Code § 28-327.03 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.03 - Civil liability; limitation.

28-327.03.  Civil liability; limitation.No civil liability for failure to comply with subdivision (2)(d) of section 28-327 or that portion of subdivision (7) of such section requiring a written certification that the woman has been informed of her right to review the information referred to in subdivision (2)(d) of such section may be imposed unless the Department of Health and Human Services has published and made available the printed materials at the time the physician or his or her agent is required to inform the woman of her right to review them.Source   Laws 1993, LB 110, § 5;   Laws 1996, LB 1044, § 62;  Laws 2009, LB675, § 4;  Laws 2010, LB594, § 13.
NE Code § 28-327.04 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.04 - Civil cause of action; authorized; evidence of professional negligence; attorney's fee.

28-327.04.  Civil cause of action; authorized; evidence of professional negligence; attorney's fee.Any person upon whom an abortion has been performed or attempted in violation of section 28-327 or the parent or guardian of a minor upon whom an abortion has been performed or attempted in violation of such section shall have a right to maintain a civil cause of action against the person who performed the abortion or attempted to perform the abortion. A violation of subdivision (1), (2), (3), (7), or (8) of section 28-327 shall be prima facie evidence of professional negligence. The written certifications prescribed by subdivisions (4) and (7) of section 28-327 signed by the person upon whom an abortion has been performed or attempted shall constitute and create a rebuttable presumption of full compliance with all provisions of section 28-327 in favor of the physician who performed or attempted to perform the abortion, the referring physician, or the agent of either physician. The written certification shall be admissible as evidence in the cause of action for professional negligence or in any criminal action. If judgment is rendered in favor of the plaintiff in any such action, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.Source   Laws 1993, LB 110, § 6;  Laws 2009, LB675, § 5;  Laws 2010, LB594, § 14.
NE Code § 28-327.05 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.05 - Civil action; anonymity of woman; procedures.

28-327.05.  Civil action; anonymity of woman; procedures.In every civil action brought pursuant to section 28-327.04, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion by a party or on its own motion, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone given standing under section 28-327.04 who brings a civil action under such section shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.Source  Laws 1993, LB 110, § 7.
NE Code § 28-327.06 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.06 - Waiver of evaluations and notices; void and unenforceable.

28-327.06.  Waiver of evaluations and notices; void and unenforceable.Any waiver of the evaluations and notices provided for in subdivision (4) of section 28-327 is void and unenforceable.Source Laws 2010, LB594, § 5.
NE Code § 28-327.07 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.07 - Damages.

28-327.07.  Damages.In addition to whatever remedies are available under the common or statutory laws of this state, the intentional, knowing, or negligent failure to comply with the requirements of section 28-327 shall provide a basis for the following damages:(1) The award of reasonable costs and attorney's fees; and(2) A recovery for the pregnant woman for the wrongful death of her unborn child under section 30-809 upon proving by a preponderance of evidence that the physician knew or should have known that the pregnant woman's consent was either not fully informed or not fully voluntary pursuant to section 28-327.Source Laws 2010, LB594, § 6.
NE Code § 28-327.08 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.08 - Action for civil remedies.

28-327.08.  Action for civil remedies.Any action for civil remedies based on a failure to comply with the requirements of section 28-327 shall be commenced in accordance with section 25-222 or 44-2828.Source Laws 2010, LB594, § 7.
NE Code § 28-327.09 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.09 - Minor; burden of proof.

28-327.09.  Minor; burden of proof.If a physician performed an abortion on a pregnant woman who is a minor without providing the information required in section 28-327 to the pregnant woman's parent or legal guardian, then the physician bears the burden of proving that the pregnant woman was capable of independently evaluating the information given to her.Source Laws 2010, LB594, § 8.
NE Code § 28-327.10 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.10 - Time requirement.

28-327.10.  Time requirement.Except in the case of an emergency situation, if a pregnant woman is provided with the information required by section 28-327 less than twenty-four hours before her scheduled abortion, the physician shall bear the burden of proving that the pregnant woman had sufficient reflection time, given her age, maturity, emotional state, and mental capacity, to comprehend and consider such information.Source Laws 2010, LB594, § 9.
NE Code § 28-327.11 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.11 - Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.

28-327.11.  Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.In a civil action involving section 28-327, the following shall apply:(1) In determining the liability of the physician and the validity of the consent of a pregnant woman, the failure to comply with the requirements of section 28-327 shall create a rebuttable presumption that the pregnant woman would not have undergone the recommended abortion had section 28-327 been complied with by the physician;(2) The absence of physical injury shall not preclude an award of noneconomic damages including pain, suffering, inconvenience, mental suffering, emotional distress, psychological trauma, loss of society or companionship, loss of consortium, injury to reputation, or humiliation associated with the abortion;(3) The fact that a physician does not perform elective abortions or has not performed elective abortions in the past shall not automatically disqualify such physician from being an expert witness. A licensed obstetrician or family practitioner who regularly assists pregnant women in resolving medical matters related to pregnancy may be qualified to testify as an expert on the screening, counseling, management, and treatment of pregnancies;(4) Any physician advertising services in this state shall be deemed to be transacting business in this state pursuant to section 25-536 and shall be subject to the provisions of section 28-327;(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision; and(6) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person, other than a physician or pharmacist licensed under the Uniform Credentialing Act, who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.Source Laws 2010, LB594, § 10.Cross References  Uniform Credentialing Act, see section 38-101.