Nebraska -- Age of Consent

coolteensites.net
[Cool Teen Sites]


nebraska.jpg (6691 bytes)

Nebraska Sex Laws

 

Chapter 28. Crimes and Punishments.
Sexual assault; legislative intent.

28-317. It is the intent of the Legislature to enact
laws dealing with sexual assault and related criminal sexual
offenses which will protect the dignity of the victim at all
stages of judicial process, which will insure that the alleged
offender in a criminal sexual offense case have preserved the
constitutionally guaranteed due process of law procedures, and
which will establish a system of investigation, prosecution,
punishment, and rehabilitation for the welfare and benefit of the
citizens of this state as such system is employed in the area of
criminal sexual offenses.

Terms, defined.
28-318. As used in sections 28-317 to 28-321, unless
the context otherwise requires:
(1) Actor means a person accused of sexual assault;
(2) Intimate parts means the genital area, groin, inner
thighs, buttocks, or breasts;
(3) Past sexual behavior means sexual behavior other
than the sexual behavior upon which the sexual assault is
alleged;
(4) Serious personal injury means great bodily injury
or disfigurement, extreme mental anguish or mental trauma,
pregnancy, disease, or loss or impairment of a sexual or
reproductive organ;
(5) Sexual contact means the intentional touching of
the victim's sexual or intimate parts or the intentional touching
of the victim's clothing covering the immediate area of the
victim's sexual or intimate parts. Sexual contact shall also
mean the touching by the victim of the actor's sexual or intimate
parts or the clothing covering the immediate area of the actor's
sexual or intimate parts when such touching is intentionally
caused by the actor. Sexual contact shall include only such
conduct which can be reasonably construed as being for the
purpose of sexual arousal or gratification of either party;
(6) Sexual penetration means 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 into the genital or
anal openings of the victim's body which can be reasonably
construed as being for nonmedical or nonhealth purposes. Sexual
penetration shall not require emission of semen;
(7) Victim means the person alleging to have been
sexually assaulted;
(8) Without consent means:
(a)(i) The victim was compelled to submit due to the
use of force or threat of force or coercion, or (ii) the victim
expressed a lack of consent through words, or (iii) the victim
expressed a lack of consent through conduct, or (iv) the consent,
if any was actually given, was the result of the actor's
deception as to the identity of the actor or the nature or
purpose of the act on the part of the actor;
(b) The victim need only resist, either verbally or
physically, so as to make the victim's refusal to consent genuine
and real and so as to reasonably make known to the actor the
victim's refusal to consent; and
(c) A victim need not resist verbally or physically
where it would be useless or futile to do so; and
(9) Force or threat of force means (a) the use of
physical force which overcomes the victim's resistance or (b) the
threat of physical force, express or implied, against the victim
or a third person that places the victim in fear of death or in
fear of serious personal injury to the victim or a third person
where the victim reasonably believes that the actor has the
present or future ability to execute the threat.

Sexual assault; first degree; penalty.
LAW 28-319. (1) Any person who subjects another person to
sexual penetration (a) without consent of the victim, or (b) who
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 (c) when the actor is nineteen years of age or
older and the victim is less than sixteen years of age is guilty
of sexual assault in the first degree.
(2) Sexual assault in the first degree is a Class II
felony. The sentencing judge shall consider whether the actor
caused serious personal injury to the victim in reaching a
decision on the sentence.
(3) Any person who is found guilty of sexual assault in
the first degree for a second time when the first conviction was
pursuant to this section or any other state or federal law with
essentially the same elements as this section shall be sentenced
to not less than twenty-five years and shall not be eligible for
parole.

Sexual assault; second or third degree; penalty.
28-320. (1) Any person who subjects another person to
sexual contact (a) without consent of the victim, or (b) who knew
or should have known that the victim was physically or mentally
incapable of resisting or appraising the nature of his or her
conduct is guilty of sexual assault in either the second degree
or third degree.
(2) Sexual assault shall be in the second degree and is
a Class III felony if the actor shall have caused serious
personal injury to the victim.
(3) Sexual assault shall be in the third degree and is
a Class I misdemeanor if the actor shall not have caused serious
personal injury to the victim.

Sexual assault of a child; penalty.
28-320.01. (1) A person commits sexual assault of a
child if he or she subjects another person fourteen years of age
or younger to sexual contact and the actor is at least nineteen
years of age or older.
(2) Sexual assault of a child is a Class IV felony for
the first offense and a Class III felony for all subsequent
offenses.

Sexual assault; evidence of past sexual behavior; when
admissible; procedure.
28-321. (1) If the defendant intends to offer evidence
of specific instances of the victim's past sexual behavior,
notice of such intention shall be given to the prosecuting
attorney and filed with the court not later than fifteen days
before trial.
(2) Upon motion to the court by either party in a
prosecution in a case of sexual assault, an in camera hearing
shall be conducted in the presence of the judge, under guidelines
established by the judge, to determine the relevance of evidence
of the victim's or the defendant's past sexual behavior.
Evidence of a victim's past sexual behavior shall not be
admissible unless such evidence is: (a) Evidence of past sexual
behavior with persons other than the defendant, offered by the
defendant upon the issue whether the defendant was or was not,
with respect to the victim, the source of any physical evidence,
including but not limited to, semen, injury, blood, saliva, and
hair; or (b) evidence of past sexual behavior with the defendant
when such evidence is offered by the defendant on the issue of
whether the victim consented to the sexual behavior upon which
the sexual assault is alleged if it is first established to the
court that such activity shows such a relation to the conduct
involved in the case and tends to establish a pattern of conduct
or behavior on the part of the victim as to be relevant to the
issue of consent.

28-351 Abuse, defined
28-367 Sexual abuse, defined






Debauching a minor; penalty.
28-805. (1) Any person not a minor commits the offense
of debauching a minor if he or she shall debauch or deprave the
morals of any boy or girl under the age of seventeen years by:

(a) Lewdly inducing such boy or girl carnally to know
any other person; or

(b) Soliciting any such boy or girl to visit a house of
prostitution or other place where prostitution, debauchery, or
other immoral practices are permitted or encouraged, for the
purpose of prostitution or sexual penetration; or
(c) Arranging or assisting in arranging any meeting for
such purpose between any such boy or girl and any female or
male of dissolute character or any inmate of any place where
prostitution, debauchery, or other immoral practices are
permitted or encouraged; or
(d) Arranging or aiding or assisting in arranging any
meeting between any such boy or girl and any other person for
the purpose of sexual penetration.
(2) Debauching a minor is a Class I misdemeanor.

Public indecency; penalty.
28-806. (1) A person, eighteen years of age or over,
commits public indecency if such person performs or procures, or
assists any other person to perform, in a public place and where
the conduct may reasonably be expected to be viewed by
members of
the public:
(a) An act of sexual penetration; or
(b) An exposure of the genitals of the body done with
intent to affront or alarm any person; or
(c) A lewd fondling or caressing of the body of another
person of the same or opposite sex.
(2) Public indecency is a Class II misdemeanor.

Terms, defined.
28-807. As used in sections 28-807 to 28-829, unless
the context otherwise requires:
(1) Adult shall mean any married person or any
unmarried person of the age of eighteen years or older;
(2) Commercial film and photographic print processor
shall mean any person who for compensation develops exposed
photographic film into negatives, slides, or prints or who for
compensation makes prints from negatives or slides. The term
shall include, but not be limited to, any employee of such a
person but shall not include employees of law enforcement
agencies and prosecuting attorneys involved in the investigation
and prosecution of criminal offenses or to persons involved in
legitimate medical, scientific, or educational activities;
(3) Distribute shall mean to transfer possession,
whether with or without consideration, by any means;
(4) Disseminate shall mean to manufacture, issue,
publish, sell, lend, distribute, transmit, exhibit, or present
materials or to offer in person or through an agent or by placing
an advertisement for the same, whether with or without
consideration, or agree to do the same;
(5) Knowingly shall mean having general knowledge of,
reason to know, or a belief or reasonable ground for belief which
warrants further inspection or inquiry of the character and
content of any material, taken as a whole, described in this
section, which is reasonably susceptible to examination by the
defendant;
(6) Harmful to minors shall mean that quality of any
description or representation, in whatever form, of nudity,
sexual conduct, sexual excitement, or sadomasochistic abuse,
when
it (a) predominantly appeals to the prurient, shameful, or morbid
interest of minors, (b) is patently offensive to prevailing
standards in the adult community as a whole with respect to what
is suitable material for minors, and (c) is lacking in serious
literary, artistic, political, or scientific value for minors;
(7) Material or work shall mean any book, magazine,
newspaper, comic book, pamphlet, or other printed or written
material or any picture, drawing, photograph, figure, image,
motion picture, whether or not positive or negative exhibited or
screened, play, nightclub, live performance, television
production, other pictorial representation or electric
reproduction, recording transcription, mechanical or otherwise,
or other articles, equipment, machines, or materials;
(8) Minor shall mean any unmarried person under the age
of eighteen years;
(9) Nudity shall mean the showing of the human,
post-pubertal male or female genitals, pubic area, or buttocks
with less than a full opaque covering, the depiction of covered
male genitals in a discernibly turgid state, or the showing of
the female breast with less than a full opaque covering of any
portion thereof below the top of the nipple;
(10) Obscene shall mean (a) that an average person
applying contemporary community standards would find that the
work, material, conduct, or live performance taken as a whole
predominantly appeals to the prurient interest or a shameful or
morbid interest in nudity, sex, or excretion, (b) the work,
material, conduct, or live performance depicts or describes in a
patently offensive way sexual conduct specifically set out in
sections 28-807 to 28-829, and (c) the work, conduct, material,
or live performance taken as a whole lacks serious literary,
artistic, political, or scientific value;
(11) Place shall mean any building, structure, or place
or any separate part or portion thereof or the ground itself;
(12) Person shall mean any individual, partnership,
limited liability company, firm, association, corporation,
trustee, lessee, agent, assignee, or other legal entity;
(13) Performance, whether with or without
consideration, shall mean any play, motion picture, dance, or
other exhibition performed before an audience;
(14) Promote shall mean to manufacture, issue, sell,
give, provide, lend, mail, deliver, transfer, transmit, publish,
distribute, circulate, disseminate, present, exhibit, or place an
order for advertising or to knowingly offer in person or through
an agent or agree to do the same;
(15) Sexual conduct shall mean acts of masturbation,
homosexuality, sodomy, sexual intercourse, or prolonged
physical
contact with a person's clothed or unclothed genitals, pubic
area, or buttocks or, if such person is female, breast;
(16) Sexual excitement shall mean the condition of
human male or female genitals when in a state of sexual
stimulation or arousal; and
(17) Sadomasochistic abuse shall mean flagellation or
torture by or upon a nude person or a person clad in
undergarments, a mask, or a bizarre costume or the condition of
being fettered, bound, or otherwise physically restrained when
performed to predominantly appeal to the shameful or morbid
interest.


Obscene motion picture, show, or presentation; admit minor;
unlawful; penalty.
28-809. (1) It shall be unlawful for any person
knowingly to exhibit to a minor or knowingly to provide to a
minor an admission ticket or pass or knowingly to admit a minor
to premises whereon there is exhibited a motion picture, show, or
other presentation which, in whole or in part, predominantly
pruriently, shamefully, or morbidly depicts nudity, sexual
conduct, or sadomasochistic abuse and which, taken as a whole,
is harmful to minors.
(2) Any person who violates this section shall be
guilty of a Class I misdemeanor.

Prosecution; defense.
28-810. It shall be a defense to a prosecution under
sections 28-808 and 28-809 that:
(1) Such person had reasonable cause to believe that
the minor involved was eighteen years of age or more, and that
such reasonable cause is based on but not limited to the
presentation by the minor exhibited to such person of a draft
card, driver's license, birth certificate, or other official or
apparently official document purporting to establish that such
minor was eighteen years of age or more;
(2) The minor was accompanied by his parent or guardian
and such person had reasonable cause to believe that the person
accompanying the minor was the parent or guardian of that
minor;
(3) Such person had reasonable cause to believe that
the person was the parent or guardian of the minor; and
(4) Such person's activity falls within the defenses to
a prosecution contained in section 28-815.



Sexual assault; testimony; corroboration not required.
29-2028. The testimony of a person who is a victim of
a sexual assault as defined in sections 28-319 to 28-320.01 shall
not require corroboration.

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

NOTE FROM THE EDITOR:   Copyright holders:  We are not trying to assert any rights to your article.  We operate as a repository with a virtually unlimited storage capacity.  We capture and store articles to prevent loss due to system crashes and the space limitations that most sites operate under.  We will remove your article if you wish.  This is a non-profit site.  AgeOfConsent.com is a repository of both legal and commentary information on laws relating to sexual activity.  We do not, and can not offer any legal advice or provide any legal counsel.  Do not write to us requesting our advice or suggestions -- your email will be ignored.  This web site and its contents are in no way affiliated, funded, or regulated by any Local, State, Federal or International government agency or governing body.  Information contained on this site has been provided by readers and/or has been discovered through the research of volunteers.  Other than cursory review, no efforts have been made to independently verify the current status of the legal statutes contained in these page nor whether any cases used as examples are still precedent.   Do not rely on this information to make legal decisions.  You should contact a legal advisor in your area for a proper determination of law on any questions you might have.  Any emails and other user comments and opinions included on this site are the opinions of the creator of the message and are not necessarily those of this site, its editors, advertisers or other affiliated entities.