Nebraska classifies sexual assault as either a felony or a misdemeanor, depending on the facts and circumstances of the individual case. All sexual assault charges have serious legal ramifications. Contact a qualified criminal defense attorney today to explore your legal options and protect your rights and freedoms.
What is sexual assault in Nebraska?
Sexual assault in Nebraska falls into two main categories: sexual assault and underage sexual assault.
General, sexual assault involves unwanted sexual contact or penetration against the consent of another person.
Sexual contact occurs when a person, for the purpose of sexual arousal or satisfaction:
- Touches a person’s genitals or intimate parts under or above their clothing.
- Touches a child with his or her genitals or intimate parts or
- Forcing another person to touch the person’s genitals or intimate parts either under or over their clothing.
Sexual penetration includes ordinary intercourse, oral sex, anal sex, and object penetration.
Sexual Assault Fees
Sexual assault will be charged either as a criminal offense or as a misdemeanor depending on several factors including:
- The gravity of the crime
- The age of the victim and
- The type of illegal sexual behavior.
Sexual assault charges can be complex, and defending a sexual assault charge requires extensive legal experience and expertise.
Criminal sexual assault
Criminal Sexual Assault Include:
- First degree sexual assault and
- Second degree sexual assault.
First degree sexual assault in Nebraska is a Class II crime.
First degree sexual assault occurs when one person subjects another person to sexual penetration:
- Without the consent of the person
- If they knew or should have known that the victim was physically or mentally incapable of resisting, or
- If they are 19 years or older and the victim is between 12 and 16 years old.
First degree sexual assault includes rape and severe criminal prosecution.
Second degree sexual assault Nebraska is also a criminal offense for sexually contacting another person and causing serious bodily harm without their consent.
Sexual assault by a minor
Sexually assaulting a minor is also considered a crime in Nebraska.
First degree sexual assault by a minor occurs when a person sexually penetrates a victim 14 years or younger and the perpetrator is 19 years or older.
Second degree sexual assault by a minor occurs when a person 19 or older sexually contacts a child 14 or younger causing serious bodily harm. Third-degree sexual assault by a minor occurs when the child’s victim does not suffer serious bodily harm from sexual contact.
Offense sexual assault
Just third degree sexual assault is considered a misdemeanor if the adult victim has not suffered serious physical harm through sexual contact. If the victim is a child, sexual assault is always considered a criminal offense, regardless of the victim’s harm.
Sexual assault penalties
The penalties for sexual assault in Nebraska are severe. If you are charged with sexual assault, you should seek help from a qualified criminal lawyer as soon as possible.
If a person is convicted of first degree sexual assault, the consequences are as follows:
- A prison sentence of between one year and 50 years,
- Probation and
- Possible fines and refunds.
For a second conviction for first-degree bodily harm, a person faces a compulsory prison sentence of at least 25 years.
Second degree sexual assault does not require a mandatory minimum penalty, but the penalties typically include:
- Possible prison sentences of up to 20 years,
- Parole after release from prison and
- Fines and Refunds.
Third-degree assault convictions also have serious consequences, including:
- Up to a year in prison
- Fines of up to $ 1,000 or
- A combination of both.
Penalties for sexual assault have long-term consequences. If you are charged, see a criminal defense attorney as soon as possible.
Sexual assault with minor penalties
Sexual assaults against minors have even more serious consequences.
First degree sexual assault of a minor includes punishments such as:
- A mandatory minimum sentence of 15 years up to life imprisonment,
- Probation and
- Fines and Refunds.
Second degree sexual assault of a minor is punishable by the following penalties:
- At least one year up to 50 years in prison,
- Probation and
- Fines and Refunds.
Third degree sexual assault of a minor includes punishments such as:
- Prison sentences of up to three years,
- A fine of $ 10,000 and
- Post-release monitoring.
In addition to prison terms and fines, anyone convicted of sexually assaulting a minor must register as a sex offender.
Contact a qualified criminal lawyer today
Sexual assault is serious and carries significant penalties that can change your life. You shouldn’t try to face these charges alone. At the Petersen law firmWe firmly believe that our customers are innocent until proven guilty. We care deeply about our customers and will struggle diligently to defend their interests.
Our attorney Thomas M. Petersen has handled more than 6,000 criminal defense cases. He will use his extensive knowledge of Nebraska criminal law to defend your case. Our dedicated staff will answer all your questions and support you every step of the way. For a free consultation, call our office at 402-235-4971 or fill out one Online form today.
Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of the Top 50 Nebraska Defense Lawyers by more than 5,000.
Latest posts by Tom Petersen (See everything)
! function (f, b, e, v, n, t, s) {if (f.fbq) return; n = f.fbq = function () {n.callMethod? n.callMethod.apply (n, arguments): n.queue.push (arguments)}; if (! f._fbq) f._fbq = n; n.push = n; n.loaded =! 0; n.version = ‘2.0’; n.queue =[]; t = b.createElement (e); t.async =! 0; t.src = v; s = b.getElementsByTagName (e)[0];; s.parentNode.insertBefore (t, s)} (window, document, ‘script’, ‘https://connect.facebook.net/en_US/fbevents.js’); fbq (‘init’, ‘267749593872995’); fbq (‘track’, ‘PageView’);
Comments are closed.