{"id":374732,"date":"2016-04-11T01:23:23","date_gmt":"2016-04-11T06:23:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-rape-and-sexual-assault-laws.html"},"modified":"2016-06-20T19:51:23","modified_gmt":"2016-06-21T00:51:23","slug":"nebraska-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-rape-and-sexual-assault-laws.html","title":{"rendered":"Nebraska Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Nebraska Rape and Sexual Assault 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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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

Rape and sexual assault are specific types of sex crimes<\/a> (crimes that involve illegal or coerced sexual conduct). In some states, there are separate laws that criminalize rape<\/a> and sexual assault<\/a>, however, in Nebraska’s criminal code rape is included as part of the sexual assault law. The follow tables briefly outline Nebraska’s rape and sexual assault laws.<\/p>\n\n

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

Nebraska Revised Statute section 28-319<\/a> and 28-320<\/a>: Sexual Assault<\/b><\/td>\n<\/tr>

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

First-Degree Sexual Assault<\/u>: Subjecting another person to sexual penetration either:<\/p>\n

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  • Without the consent of the victim<\/li>\n
  • When the offender knew (or should have known) that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or<\/li>\n
  • When the offender is 19 years old or older and the victim is between 12 and 15 years old<\/li>\n<\/ul>\n

    Second or Third-Degree Sexual Assault<\/u>: Subjecting another person to sexual contact:<\/p>\n

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    • Without the consent of the victim, or<\/li>\n
    • When the offender knew (or should have known) that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct<\/li>\n<\/ul>\n<\/td>\n<\/tr>

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

First-Degree<\/u>:<\/p>\n