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State v. Loyuk

Supreme Court of Nebraska

January 30, 2015

STATE OF NEBRASKA, APPELLEE,
v.
ANOROY Y. LOYUK, APPELLANT

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Appeal from the District Court for Lancaster County: PAUL D. MERRITT, JR., Judge.

AFFIRMED.

Dennis R. Keefe, Lancaster County Public Defender, Valerie McHargue, and Paul E. Cooney for appellant.

Jon Bruning, Attorney General, Kimberly A. Klein for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, AND CASSEL, JJ.

OPINION

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[289 Neb. 969] Per Curiam.

I. SUMMARY

A jury convicted Anoroy Y. Loyuk of first degree sexual abuse of an inmate or parolee. First degree sexual abuse of an inmate or parolee involves a statutorily defined " person" associated with the Department of Correctional Services (DCS) who subjects an inmate or parolee to sexual penetration with or without the inmate or parolee's consent. Witnesses testified,

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and Loyuk admits, that while employed as an officer by the DCS, Loyuk had sex with R.S., a parolee. Loyuk argues that the evidence was insufficient to support his conviction because it did not show that he had control over R.S. If the State did not have to prove such control, Loyuk argues that the statutes are unconstitutionally vague and violate his rights to intimate association and equal protection. We conclude that the evidence was sufficient to support Loyuk's conviction and that the statutes did not violate his constitutional rights.

II. BACKGROUND

1. Factual Background

The DCS employed Loyuk as a corporal at the Community Corrections Center--Lincoln (CCCL). The CCCL is a transitional facility where inmates from more secured facilities serve time before being released on parole. As a corporal, Loyuk's responsibilities included manning the control center, [289 Neb. 970] transporting inmates, conducting searches, and maintaining the " overall security of the facility."

From September 2011 to January 2012, R.S. was an inmate at the CCCL. While incarcerated, R.S. had contact with Loyuk while she was " in chow" or as Loyuk delivered mail. R.S. testified that Loyuk, who she identified as a " guard," was " one of the nice guys" but denied that they developed a friendship or romantic interest during her incarceration.

R.S. was paroled on January 25, 2012, and moved to a halfway house. Her parole officer was not Loyuk or any other person employed at the CCCL. Loyuk had no authority to punish R.S. for parole violations or other misconduct.

A month after she was paroled, R.S. had a chance encounter with Loyuk in a Lincoln grocery store. While shopping, R.S. spotted Loyuk, who was wearing jeans and a T-shirt. R.S. started a conversation, and the two chatted about " how things were going." The conversation lasted for 30 minutes to an hour and concluded with an exchange of mailing addresses. A correspondence later developed.

Eventually, Loyuk revealed to R.S. that " he was having more feelings for [her] than just a friendship," and R.S. testified that the feeling was mutual. They had sex several times at Loyuk's house and later at two motels in March and April 2012.

R.S. testified that Loyuk did not pressure or coerce her into having sex with him. If anything, R.S. said that " I was probably the one pressuring him most of the time." R.S. testified that she ...


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