Nebraska -- Age of Consent
[Cool Teen Sites]
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.