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:

  • Without the consent of the victim
  • 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
  • When the offender is 19 years old or older and the victim is between 12 and 15 years old

Second or Third-Degree Sexual Assault: Subjecting another person to sexual contact:

  • Without the consent of the victim, or
  • 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

Penalties

First-Degree:

  • Class II felony punishable by at least one year in prison and at most fifty years in prison.

Second-Degree:

  • Class III felony if the offender causes serious personal injury to the victim. Punishable by imprisonment for between one and 20 years, and/or a fine of up to $25,000.

Third-Degree:

  • Class I misdemeanor if the offender doesn't cause serious personal injury to the victim. Punishable by up to one year in prison, and/or a fine of $1,000.

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:

  • Subjecting a person under 12 years old to sexual penetration when the offender is at least 19 years old, or
  • Subjecting a person who is at least 12 and less than 16 years old to sexual penetration when the offender is 25 years old or older

Second or Third-Degree Sexual Assault of a Child:

  • Subjecting another person 14 years old or younger to sexual conduct when the actor is at least 19 years old

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

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.

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