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Nebraska


For information on getting involved in HIV criminalization reform advocacy in Nebraska, please email info@seroproject.com.


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions0
Number of convictions0
Applicable laws

NEB. REV. STAT. § 28-934 (2011)

Assault with a bodily fluid against a public safety officer; penalty; order to collect evidence

Any person who knowingly and intentionally strikes any public safety officer with any bodily fluid is guilty of assault with a bodily fluid against a public safety officer. A person who violates this provision is guilty of a misdemeanor unless he or she knew the source of the bodily fluid was infected with the human immunodeficiency virus, hepatitis B, or hepatitis C at the time the offense was committed, making the violation a Class IIIA felony punishable by a maximum term of imprisonment of nt more than 5 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

Upon a showing of probable cause that such an offense has been committed, a judge shall grant a court order or search warrant authorizing the collection of medical test results or medical records and may authorize tests to determine the presence of human immunodeficiency virus, hepatitis B, or hepatitis C.

Discussion

The Assault with Bodily Fluids Act was passed in June 2011, despite the fact lawmakers ignored evidence arguing that HIV cannot be transmitted through spit, urine, vomit, or oral/nasal mucus; punishes the decision to get tested for HIV; and will not keep public safety officers safer, but rather will reinforce misinformation and stigma about HIV.  (For more information see Criminal HIV Transmission)

There have been at least two previous attempts to pass an HIV-specific law, in 2009 and 2004. In 2009, Nebraska State Sen. Pete Pirsch (R)  introduced a bill (LB 625) that would make having sex with the intent of transmitting HIV a Class 1B felony, which carries a minimum 20-year prison sentence and a maximum sentence of life in prison. in 2004, State Sen. Lowen Kruse introduces a bill that would have made it a crime for an HIV-positive person to engage in sex without disclosure. Those found guilty of violating the law would have faced a prison sentence of up to 20 years and a fine of up to $25,000.  Neither law  passed.  (For more information see Criminal HIV Transmission)

Further reading

Positive Justice Project. Ending & Defending Against HIV Criminalization, A  Manual For Advocates: Vol 1 States and Federal Laws and Prosecutions. Center for HIV Law and Policy, New York. Fall 2010 (with additional laws and cases through December 2011).

Recent cases can be found at: Positive Justice Project. Prosecutions and Arrests for HIV Exposure in the United States, 2008–2012. Center for HIV Law and Policy, 2012.

Further cases and news can be found at: http://www.hivjustice.net/country/us/ne-nebraska/