{"id":374729,"date":"2016-04-11T01:23:09","date_gmt":"2016-04-11T06:23:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-prostitution-and-solicitation-laws.html"},"modified":"2016-06-19T23:00:00","modified_gmt":"2016-06-20T04:00:00","slug":"nebraska-prostitution-and-solicitation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-prostitution-and-solicitation-laws.html","title":{"rendered":"Nebraska Prostitution and Solicitation Laws"},"content":{"rendered":"\n
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Nebraska Prostitution and Solicitation Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Engaging in sexual acts in exchange for a fee is criminalized as prostitution<\/a> in most states. In Nebraska, both prostitution and the solicitation of prostitution are illegal. In other words, it is illegal to both buy and sell sexual contact in Nebraska. The charts below outline Nebraska’s main prostitution and solicitation laws.<\/p>\r\n\r\n

Code Section <\/b><\/p>\r\n<\/td>\r\n

Nebraska Revised Statute section 28-801<\/a>: Prostitution<\/b><\/td>\r\n<\/tr>

What’s Prohibited? <\/b><\/p>\r\n<\/td>\r\n

Performing, offering, or agreeing to perform any act of "sexual contact" or "sexual penetration" with someone other than your spouse, in exchange for money or something else of value.<\/td>\r\n<\/tr>

Definition of "Sexual Contact"<\/b><\/p>\r\n<\/td>\r\n

The intentional touching of either party’s sexual or intimate parts (either under or over clothing). Sexual conduct only includes conduct that can reasonably by construed as being for the purpose of sexual arousal or gratification of either party.<\/td>\r\n<\/tr>

Definition of "Sexual Penetration"<\/b><\/p>\r\n<\/td>\r\n

Sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion (however slight) of any part of the actor’s or victim’s body or any object manipulated by the actor that can reasonably be construed as being for nonmedical purposes.<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/td>\r\n

No prior convictions, or one prior conviction<\/u>: Class II misdemeanor.<\/p>\r\n

Two or more prior convictions<\/u>: Class I misdemeanor.<\/p>\r\n<\/td>\r\n<\/tr>

Affirmative Defense<\/b><\/p>\r\n<\/td>\r\n

It is an affirmative defense<\/a> to a prostitution charge that the person was a victim of human trafficking<\/a>.<\/td>\r\n<\/tr>

Minors Engaging in Prostitution<\/b><\/p>\r\n<\/td>\r\n

A person under 18 years old who is suspected of engaging in prostitution won’t be prosecuted under this law, but will be subject to temporary custody and further disposition under the Nebraska Juvenile Code.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n\r\n

Code Section <\/b><\/p>\r\n<\/td>\r\n

Nebraska Revised Statute section 28-801.01<\/a>: Solicitation of Prostitution<\/b><\/td>\r\n<\/tr>

What’s Prohibited? <\/b><\/p>\r\n<\/td>\r\n

Soliciting another person (who isn’t your spouse) to perform any act of sexual contact or sexual penetration, in exchange for money or something else of value.<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/td>\r\n

No prior convictions<\/u>: Class I misdemeanor, and must pay a fine of at least $250 if the person solicited is over 18 years old. If the person solicited is under age 18 then the offender has committed a Class IV felony.<\/p>\r\n

Two or more prior convictions<\/u>: Class IV felony, and must pay a fine of at least $500.<\/p>\r\n<\/td>\r\n<\/tr>

Affirmative Defense<\/b><\/td>\r\nIt is an affirmative defense<\/a> to a solicitation charge that the person was a victim of human trafficking<\/a>.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Misdemeanor and Felony Penalties in Nebraska<\/h2>\r\n