Nebraska Prostitution and Solicitation Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 19, 2016

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Engaging in sexual acts in exchange for a fee is criminalized as prostitution 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.

Code Section

Nebraska Revised Statute section 28-801: Prostitution

What's Prohibited?

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.

Definition of "Sexual Contact"

 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.

Definition of "Sexual Penetration"

 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.

Penalties

No prior convictions, or one prior conviction: Class II misdemeanor.

Two or more prior convictions: Class I misdemeanor.

Affirmative Defense

 It is an affirmative defense to a prostitution charge that the person was a victim of human trafficking.

Minors Engaging in Prostitution

 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.

Code Section

Nebraska Revised Statute section 28-801.01: Solicitation of Prostitution

What's Prohibited?

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.

Penalties

No prior convictions: 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.

Two or more prior convictions: Class IV felony, and must pay a fine of at least $500.
Affirmative Defense It is an affirmative defense to a solicitation charge that the person was a victim of human trafficking.

Misdemeanor and Felony Penalties in Nebraska

  • Class I misdemeanor: Imprisonment for up to one year, and/or a fine of up to $1,000.
  • Class II misdemeanor: Imprisonment for up to six months, and/or a fine of up to $1,000.
  • Class IV felony: Imprisonment for up to five years, and/or a fine of $10,000.

Other Related Offenses

Pandering: In Nebraska, a person commits pandering if they:

  • Entice another to engage in prostitution
  • Procure a prostitute for a house of prostitution
  • Entice or encourage another person to come into or leave Nebraska for the purpose of prostitution, or
  • Receive, give, or attempts to give, something of value for procuring any person to engage in prostitution

Keeping a place of prostitution: It is also a crime to have or exercise control knowingly over any place that shelters prostitution.

Additional Resources

State laws change frequently. For case specific information regarding Nebraska's prostitution and solicitation laws contact a local criminal defense attorney.

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