Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
click site index – scroll and select statutes
Criminal
child enticement; penalties.
(1) No person, by any means and without privilege to do so, shall
knowingly solicit, coax, entice, or lure any child under the age of fourteen
years to enter into any vehicle, whether or not the person knows the age of the
child, if:
(a) The person does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity, and
(b)(i) The person is not a law enforcement officer, emergency services
provider as defined in section 71-507, firefighter, or other person who regularly
provides emergency services, is not the operator of a bookmobile or other such
vehicle operated by the state or a political subdivision and used for
informing, educating, organizing, or transporting children, is not a paid
employee of, or a volunteer for, a nonprofit or religious organization which
provides activities for children, and is not an employee or agent of or a
volunteer acting under the direction of any board of education or (ii) the
person is a person listed in subdivision (1)(b)(i) of this section but, at the
time the person undertakes the activity, he or she is not acting within the
scope of his or her lawful duties in that capacity.
(2) It is an affirmative defense to a charge under this section that the
person undertook the activity in response to a bona fide emergency situation or
that the person undertook the activity in response to a reasonable belief that
it was necessary to preserve the health, safety, or welfare of the child.
(3) Any person who violates this section commits criminal child
enticement and is guilty of a Class I misdemeanor. If such person has
previously been convicted of (a) criminal child enticement under this section,
(b) sexual assault of a child in the first degree under section 28-319.01, (c) sexual assault of a child in the
second or third degree under section 28-320.01,
or
(d) assault under section 28-308, 28-309, or 28-310, kidnapping under section 28-313, or false imprisonment under section 28-314 or 28-315 when the victim was under eighteen years of age when such person violates this section, such person is guilty of a Class IV felony.
Terms,
defined.
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.
Sexual contact shall also include the touching of a child with the actor's
sexual or intimate parts on any part of the child's body for purposes of sexual
assault of a child under sections 28-319.01
and 28-320.01;
(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 o fconsent 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.
(1) Any person
who subjects another person to sexual penetration (a) without the consent of
the victim, (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 at
least twelve but 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 a mandatory minimum term of twenty-five years in prison.
Sexual
assault of a child; first degree; penalty.
(1) A person
commits sexual assault of a child in the first degree if he or she subjects
another person under twelve years of age to sexual penetration and the actor is
at least nineteen years of age or older.
(2) Sexual assault of a child in the first degree is
a Class IB felony with a mandatory minimum sentence of fifteen years in prison
for the first offense.
(3) Any person who is found guilty of sexual assault
of a child in the first degree under this section and who has previously been
convicted (a) under this section, (b) under section 28-319
of first degree or attempted first degree sexual assault, (c) under section 28-320.01 before July 14, 2006, of sexual
assault of a child or attempted sexual assault of a child, (d) under section 28- 320.01 on or after July 14, 2006, of sexual
assault of a child in the second or third degree or attempted sexual assault of
a child in the second or third degree, or (e) in any other state or federal
court under laws with essentially the same elements as this section, section 28-319, or section 28-320.01
as it existed before, on, or after July 14, 2006, shall be guilty of a Class IB
felony with a mandatory minimum sentence of twenty-five years in prison.
Sexual
assault; second or third degree; penalty.
(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; second or third degree; penalties.
(1) A person
commits sexual assault of a child in the second or third degree 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 in the second degree if the actor
causes serious personal injury to the victim. Sexual assault of a child in the
second degree is a Class II felony for the first offense.
(3) Sexual assault of a child is in the third degree if the actor does not cause serious personal injury to the victim. Sexual assault of a child in the third degree is a Class IIIA felony for the first offense.
(4) Any person who is found guilty of second degree sexual assault of a
child under this section and who has previously been convicted (a) under this
section, (b) under section 28-319 of first
degree or attempted first degree sexual assault, (c) under section 28-319.01 for first degree or attempted first
degree sexual assault of a child, or (d) in any other state or federal court
under laws with essentially the same elements as this section, section 28-319, or section 28-319.01
shall be guilty of a Class IC felony and shall be sentenced to a mandatory
minimum term of twenty-five years in prison.
(5) Any person who is found guilty of third degree sexual assault of a
child under this section and who has previously been convicted (a) under this
section, (b) under section 28-319 of first
degree or attempted first degree sexual assault, (c) under section 28-319.01 for first degree or attempted first
degree sexual assault of a child, or (d) in any other state or federal court
under laws with essentially the same elements as this section, section 28-319, or 28-319.01
shall be guilty of a Class IC felony.
Sexual
assault; use of computer; prohibited acts; penalties.
(1) No person shall knowingly solicit, coax, entice, or lure (a) a child sixteen years of age or younger or (b) a peace officer who is believed by such person to be a child sixteen years of age or younger, by means of a computer as that term is defined in section 28-1343, to engage in an act which would be in violation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320. A person shall not be convicted of both a violation of this subsection and a violation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28- 320 if the violations arise out of the same set of facts or pattern of conduct and the individual solicited, coaxed, enticed, or lured under this subsection is also the victim of the sexual assault under section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320.
(2) A person who violates this section is guilty of a Class IIIA felony.
If a person who violates this section has previously been convicted of a
violation of this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01,
or 28-320.01 or subsection (1) or (2) of
section 28-320, the person is guilty of a Class
III felony.
Sexual
abuse, defined
Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.
Incest;
penalty.
(1) Any person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 or any person who engages in sexual penetration with his or her minor stepchild commits incest.
(2) Incest is a Class III felony.
(3)(a) For purposes of this section, the definitions found in section 28-318 shall be used.
(b) The testimony of a victim shall be entitled to the same weight as
the testimony of victims of other crimes under this code.
Debauching
a minor; penalty.
(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.
Section
29-110
Prosecutions; complaint, indictment, or information; filing; time
limitations; exceptions.
(1)
Except as otherwise provided by law, no person shall be prosecuted for any
felony unless the indictment is found by a grand jury within three years next
after the offense has been done or committed or unless a complaint for the same
is filed before the magistrate within three years next after the offense has
been done or committed and a warrant for the arrest of the defendant has been
issued.
(2) Except as otherwise provided by law, no person shall be prosecuted, tried, or punished for any misdemeanor or other indictable offense below the grade of felony or for any fine or forfeiture under any penal statute unless the suit, information, or indictment for such offense is instituted or found within one year and six months from the time of committing the offense or incurring the fine or forfeiture or within one year for any offense the punishment of which is restricted by a fine not exceeding one hundred dollars and to imprisonment not exceeding three months.
(3)
Except as otherwise provided by law, no person shall be prosecuted for
kidnapping under section 28-313, false imprisonment under section 28-314 or
28-315, child abuse under section 28-707, pandering under section 28-802,
debauching a minor under section 28-805, or an offense under section 28-813,
28-813.01, or 28-1463.03 when the victim is under sixteen years of age at the
time of the offense (a) unless the indictment for such offense is found by a
grand jury within seven years next after the offense has been committed or
within seven years next after the victim's sixteenth birthday, whichever is
later, or (b) unless a complaint for such offense is filed before the
magistrate within seven years next after the offense has been committed or
within seven years next after the victim's sixteenth birthday, whichever is
later, and a warrant for the arrest of the defendant has been issued.
(4) No
person shall be prosecuted for a violation of the Securities Act of Nebraska
under section 8-1117 unless the indictment for such offense is found by a grand
jury within five years next after the offense has been done or committed or
unless a complaint for such offense is filed before the magistrate within five
years next after the offense has been done or committed and a warrant for the
arrest of the defendant has been issued.
(5) There shall not be any time
limitations for prosecution or punishment for treason, murder, arson, forgery,
sexual assault in the first or second degree under section 28-319 or 28-320,
sexual assault of a child in the second or third degree under section 28-320.01, or sexual assault of a child in the
first degree under section 28-319.01; nor
shall there be any time limitations for prosecution or punishment for sexual
assault in the third degree under section 28-320
when the victim is under sixteen years of age at the time of the offense.
(6)
The time limitations prescribed in this section shall include all inchoate
offenses pursuant to the Nebraska Criminal Code and compounding a felony
pursuant to section 28-301.
(7)
The time limitations prescribed in this section shall not extend to any person
fleeing from justice.
(8)
When any suit, information, or indictment for any crime or misdemeanor is
limited by any statute to be brought or exhibited within any other time than is
limited by this section, then the suit, information, or indictment shall be
brought or exhibited within the time limited by such statute.
(9) If any suit, information, or indictment is quashed or the proceedings set aside or reversed on writ of error, the time during the pendency of such suit, information, or indictment so quashed, set aside, or reversed shall not be reckoned within this statute so as to bar any new suit, information, or indictment for the same offense.
(10)
The changes made to this section by Laws 2004, LB 943, shall apply to offenses
committed prior to April 16, 2004, for which the statute of limitations has not
expired as of such date and to offenses committed on or after such date.
(11)
The changes made to this section by Laws 2005, LB 713, shall apply to offenses
committed prior to September 4, 2005, for which the statute of limitations has
not expired as of such date and to offenses committed on or after such date.
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Revised 09/06