Sec. 14-25.† Definitions.

 

As used in this division unless the context otherwise requires:

 

Actor shall mean a person accused of sexual assault.

 

Child care facility shall mean a facility licensed pursuant to the Child Care Licensing act.

 

Intimate parts shall mean the genital area, groin, inner thighs, buttocks, or breasts.

 

Residence shall mean a place where the person regularly sleeps, where the person has established his home, where he is habitually present, and to which when he departs he intends to return.  A residence may include more than one location and may be mobile or transitory.  Residency may be shown by, among other evidence, receipt of mail at the premises or identification of the premises as a residence on a driver's license, vehicle registration, or other document.

 

School shall mean a public, private, denominational, or parochial school which meets the requirements for state accreditation or approval;

 

Serious personal injury shall mean great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.

 

Sex offender shall mean an individual who has been convicted of a crime listed in Section 29-4003 of the current state statutes and who is required to register as a sex offender pursuant to the Sex Offender Registration Act, or any person convicted under the law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have required registration under the Nebraska Sex Offender Registration Act, if the conviction occurred in Nebraska.

 

Sexual contact shall mean the intentional touching of the victimís sexual or intimate parts or the intentional touching of the victimís clothing covering the immediate area of the victimís sexual or intimate parts.† Sexual contact shall include only such conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification.

 

Sexual penetration shall mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actorís body or any object manipulated by the actor into the genital or anal openings of the victimís body which can be reasonably construed as being for nonmedical or nonhealth purposes.† Sexual penetration shall not require emission of semen.

 

Sexual predator shall mean an individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Nebraska Revised Statutes Section 29-4001.01, and who has victimized a person eighteen years of age or younger.

 

Victim shall mean the person alleging to have been sexually assaulted. 

 

Source:††Ord. No. 4886, ß 1, 6-19-06; Ord No. 5103, ß 1, 11-16-09

State law reference--Similar provisions, R.R.S. 1943, 26-318.