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LINCOLN — A state senator has kissed goodbye a proposal that would have made unwanted kisses a crime in Nebraska.
Lincoln Sen. Bill Avery said that while the motive behind his bill was sound, it would have been almost impossible to prosecute.
And, he said, the issue had been “trivialized” by some news organizations to the point that it was causing distress to the constituents who asked that a bill be introduced.
So Avery asked Monday that the proposal be withdrawn from consideration, and the Legislature agreed to that Tuesday. That means there won't be a public hearing on the matter.
“I didn't want to put the family through that,” Avery said.
The senator had introduced the proposal on behalf of a family whose daughter, while mowing the lawn, was confronted and kissed by a man who they later learned was a registered sex offender.
The family became upset after learning that the man could not be charged with a sexual assault because kissing on the mouth is not included in the legal definition of “sexual” contact in current state law.
Though he was found guilty of disturbing the peace, that crime carries much less jail time than a sexual assault conviction. He was sentenced to three months in jail.
“It was a real assault,” Avery said.
But the kissing bill whipped up a wave of negative reaction.
Some questioned whether random pecks on New Year's Eve or St. Patrick's Day might become a criminal offense.
What about the teen kissing game spin the bottle, one parent wanted to know. Others wondered whether the Legislature didn't have better issues to pursue.
Avery said he dropped the bill after talking to Lancaster County prosecutors, who said it would be nearly impossible to prosecute an unwanted kiss.
The senator said he didn't act because of the negative reaction, though he said it was time to move on to other legislative issues.
Contact the writer: 402-473-9584, paul.hammel@owh.com
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