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NEBRASKA STATUTES AND CODES

28-320.02 Sexual assault; use of electronic communication device; prohibited acts; penalties.

28-320.02. Sexual assault;use of electronic communication device;prohibited acts; penalties.(1) No person shallknowingly solicit, coax, entice, or lure (a) a child sixteen years of ageor younger or (b) a peace officer who is believed by such person to be a childsixteen years of age or younger, by means of anelectronic communication device as that term is defined in section 28-833, to engage in an act which would be inviolation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or(2) of section 28-320. A person shall not be convicted of both a violationof this subsection and a violation of section 28-319, 28-319.01, or 28-320.01or subsection (1) or (2) of section 28-320 if the violations arise out ofthe same set of facts or pattern of conduct and the individual solicited,coaxed, enticed, or lured under this subsection is also the victim of thesexual assault under section 28-319, 28-319.01, or 28-320.01 or subsection(1) or (2) of section 28-320.(2) A person who violates this section is guilty of a Class ID felony. If a person who violates this sectionhas previously been convicted of a violation of this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813.01, 28-833, 28-1463.03, or 28-1463.05 orsubsection (1) or (2) of section 28-320, the person is guilty of a Class IC felony. SourceLaws 2004, LB 943, § 3; Laws 2006, LB 1199, § 8; Laws 2009, LB97, § 13.

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