Nebraska Rape and Sexual Assault Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Rape and sexual assault are specific types of sex crimes (crimes that involve illegal or coerced sexual conduct). In some states, there are separate laws that criminalize rape and sexual assault, 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.
Code Section |
Nebraska Revised Statute section 28-319 and 28-320: Sexual Assault |
What's Prohibited? |
First-Degree Sexual Assault: Subjecting another person to sexual penetration either:
Second or Third-Degree Sexual Assault: Subjecting another person to sexual contact:
|
Penalties |
First-Degree:
Second-Degree:
Third-Degree:
|
Code Section |
Nebraska Revised Statute section 28-319.01 and 28-320.01: Sexual Assault of a Child |
What's Prohibited? |
First-Degree Sexual Assault of a Child:
Second or Third-Degree Sexual Assault of a Child:
If the offender causes serious personal injury to the victim then the crime committed is second-degree sexual assault of a child. Otherwise, the crime committed is third-degree sexual assault. |
Penalties |
First-Degree: Class IB felony punishable by between 15 years and life in prison. Second-Degree: Class II felony punishable by between one and 50 years in prison. Third-Degree: Class IIIA felony punishable by up to five years in prison, and/or a fine of up to $10,000. |
Use of Electronic Communication Devices
In Nebraska, it is also a crime to use an electronic communication device to knowingly solicit, coax, entire, or lure a child who is 16 years old or younger to engage in an act that would violate Nebraska's sexual assault or sexual assault of a child laws. Violating this law is a Class ID felony and is punishable by between three and 50 years in prison.
Additional Resources
- Nebraska's law on sexual abuse of an inmate or parolee
- Statutory Rape
State laws change frequently. For case specific information regarding Nebraska's rape and sexual assault laws contact a local criminal defense lawyer or sex crime attorney.
If you or someone you know has been the victim of rape or sexual assault there is help available for you. During an emergency dial 911 and when you're safe contact the Nebraska Sexual Assault Coalition.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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