Legislative bill would make officer relations with a minor illegal

A bill before the Nebraska Legislature on Thursday would make it a felony for officers to have a sexual relationship with a person ages 16 to 17 years old.

The bill defines a minor as anyone 16 and older but under 18. Consent is not a defense under the bill. Capt. Monty Lovelace with the Nebraska State Patrol testified in favor of the bill, saying that when officers swear in, they agree to live a life above reproach. He said it holds officers to their oath to serve and protect.

“Parents should rest assured that no one in this state will misuse the authority of the badge to violate their children in any way,” Lovelace said.

Lovelace added that defining 16- and 17-year-olds as minors would have helped families he knew who wanted to press charges for a crime, but under existing law, could not. He added that he knows of cases where officers used their badge to assault a minor.

“Each time that this happens, it does erode public confidence in law enforcement,” Lovelace said.

Spike Eickholt with the Nebraska ACLU opposed the bill, saying its exact language does not specify if the officer used their authority to assault someone. He argued it is written so broadly that an officer could get in trouble for having sex with someone between the ages of 16 and 18, which he said could include some married partners.

The committee took no immediate action on the bill.

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