Nebraska Rape and Sexual Assault Laws

Code Section

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

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.