Bill would create offense for sexual abuse by officers against 16–17-year-olds; supporters and civil‑liberties groups differ on drafting

Senator Brian Harden told the committee LB 909 is intended to close a gap in Nebraska law by making it a criminal offense for a sworn law‑enforcement officer to engage in sexual contact with a minor aged 16 or 17 where the officer’s authority creates an imbalance of power. "If we agree that minors deserve protection from exploitation by those in power, why should that protection stop at the edge of a badge?" Harden asked.

Captain Monty Lovelace of the Nebraska State Patrol testified in support, saying current law left some families without a criminal remedy when the older party was a sworn officer and the younger person was 16–18. "When that conduct occurs, this legislation will hold officers that cross that line accountable," Lovelace said. Several chiefs' and officers' associations also expressed support.

Opposing testimony came from Spike Eickholt representing ACLU Nebraska and the Nebraska Criminal Defense Attorneys Association, who said the bill as drafted does not require that the officer used official authority or was "under color of office," and thus would capture consensual relationships (so‑called "Romeo‑and‑Juliet" situations) and potentially criminalize young off‑duty officers who date adults aged 16–18. He urged amending the text to require a nexus to official authority or on‑duty status.

Committee members pressed both sides on age‑of‑consent issues, the practical age of officers as they complete training, and whether a "Romeo‑and‑Juliet" exception or marital exception should be added. Harden said he is willing to work on drafting and noted examples of other states using age gaps or exceptions. No vote was recorded; the committee received proponent and opponent testimony and continued to question drafting options.