By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 23, 2023
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Generally speaking, states are not concerned with the sexual activities of consenting adults. However, certain consensual sexual acts are considered crimes when they involve third parties in an offensive or threatening manner, such as exposing one's genitals or having sex in public.
These laws have been altered through the years to reflect changes in accepted social norms. For instance, sodomy laws once were used to criminalize non-procreative sexual acts in general (specifically targeting same-sex partners) until 2003. In that year, the U.S. Supreme Court found such laws unconstitutional.
The state of Nebraska repealed its (consensual) sodomy laws in 1978, a full 25 years before the U.S. Supreme Court overturned all state laws targeting non-procreative sexual acts.
Additional provisions of Nebraska laws prohibiting certain kinds of consensual sexual activities are listed in the following table. See FindLaw's Sex Crimes section to learn about prohibited non-consensual sex acts.
Sodomy Laws Applicable to |
Not Applicable |
|---|---|
Penalty for Sodomy |
Not Applicable |
HIV Exposure and Compelled Testing for Offenders |
Under 29-2290, a person convicted of a sexual offense involving penetration must submit to HIV testing upon an order from the court. |
Public Indecency & Lewdness |
Under 28-806, public indecency and lewdness are crimes. They are treated as a Class II Misdemeanor. |
Age of Consent & Other Related Matters |
Under most circumstances, the age of consent in Nebraska is 16. Generally speaking, the crime of engaging in sexual activity with someone under the age of consent is referred to as statutory rape. However, the specifics of the offense may cause the penalties to vary. Under 28-319, for example, when the offender is 19 years of age or older and the victim is between the ages of 12 and 16, the offender faces a charge of sexual assault in the first degree. Such sexual assault is a Class II Felony. For more information about statutory rape, consider reviewing FindLaw's article on Sex Crimes. |
Note: State laws are always subject to change at any time, usually through the enactment of new legislation but sometimes through voter approved ballot initiatives, actions by higher courts, and by other means. You may want to contact a Nebraska criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about all laws in Nebraska, including those related to sexual activity:
For more information about laws and legal issues related to sexual activity, consider reviewing the following resources, as well:
If you've been accused of a sex crime, it's important to know how this will affect your life. It's advised that you contact a qualified criminal defense attorney near you, if you have been accused of such a crime or are facing charges for such a crime.
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