Nebraska

Population

1,920,076

Population 0‑18

24.8%

Internet Users

75.9%

Home Internet Subscribers

76.1%
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

Nebraska imposes the following punishments for felony crimes:

Class I felony: Death sentence.

Class IA felony: Life imprisonment without parole.

Class IB felony: Minimum sentence of 20 years’ imprisonment up to a maximum term of life imprisonment.

Class IC felony: Minimum sentence of five years’ imprisonment up to a maximum term of 50 years’ imprisonment.

Class ID felony: Minimum sentence of three years’ imprisonment up to a maximum term of 50 years’ imprisonment.

Class II felony: Minimum sentence of one year’s imprisonment up to a maximum term of 50 years’ imprisonment.

Class III felony: Minimum sentence of one year’s imprisonment up to a maximum term of 20 years’ imprisonment, or a $25,000 fine, or both the prison sentence and a fine.

Class IIIA felony: No minimum sentence but a maximum sentence of five years’ imprisonment, or a $10,000 fine, or both the prison sentence and a fine.

Class IV felony: No minimum sentence but a maximum sentence of five years’ imprisonment, or a $10,000 fine, or both the prison sentence and a fine.

Sentences of less than a year are usually served in the county jail whereas those over one year are served in the state prison.

The penalty for misdemeanor crimes is as follows:

Class I misdemeanor: No minimum sentence but a maximum sentence of one year’s imprisonment, a $1,000 fine or both the prison sentence and a fine.

Class II misdemeanor: No minimum sentence but a maximum sentence of six months’ imprisonment, a $1,000 fine or both the prison sentence and a fine.

Class III misdemeanor: No minimum sentence but a maximum sentence of three months’ imprisonment, a $1,000 fine or both the prison sentence and a fine.

Class IIIA misdemeanor: A maximum sentence of seven days’ imprisonment, a $500 fine or both the prison sentence and the fine.

Class IV misdemeanor: $500 fine only, no prison sentence.

Nebraska Revised Statutes (NRS) 28-311. Criminal child enticement; attempt; penalties. It is a criminal offense for any person to solicit, coax or entice any child under fourteen into any vehicle. This is a Class IIIA felony unless the offender has previously been convicted for a qualifying crime, such as sexual assault of a child in the first degree, in which case it is a Class III offense.

NRS 28-311.03. Stalking. Defines the offense as willfully harassing another person with intent to injure, terrify, threaten or intimidate. The offense is deemed to be a Class I misdemeanor unless the victim is under sixteen, in which case it becomes a Class IV felony.

NRS 28-311.08. Unlawful intrusion; penalty. It is a crime to intentionally view or record in a state of undress, a person in a place of solitude without their consent. This is a Class III misdemeanor unless the person is under eighteen in which case it is a Class II misdemeanor.

NRS 28-319. Sexual assault; first degree; penalty. Defines the offense of subjecting another to sexual penetration without their consent or where the offender is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age. This is deemed to be a Class II felony and if found guilty for a second time under this section a 25 year minimum prison term applies.

NRS 28-319.01. Sexual assault of a child; first degree; penalty. It is an offense to subject another person under twelve years of age to sexual penetration where the offender is at least nineteen years of age or to subject a child of at least twelve years of age but less than sixteen years of age to sexual penetration where the offender is 25 years of age or older. This is a Class IB felony with a mandatory minimum of fifteen years’ imprisonment for a first offense. If the offender has previously been convicted of a qualifying offense the mandatory minimum prison term is increased to 25 years.

NRS 28-320. Sexual assault; second or third degree; penalty. Where a person is subjected to sexual contact without their consent or where they are unable to consent the offender is guilty of a Class III felony where serious personal injury is caused and a Class I misdemeanor where there is no serious personal injury.

NRS 28-320.01. Sexual assault of a child; second or third degree; penalties. A person commits sexual assault of a child in the second or third degree if they subject another person who is fourteen years of age or younger to sexual contact and they are at least nineteen. It is a Class II felony where serious personal injury results and a Class IIIA felony where there is no serious personal injury. If the perpetrator has previously been convicted under this or another qualifying section the offense is deemed to be a Class IC felony and a minimum term of imprisonment of 25 years applies.

NRS 28-320.02. Sexual assault; use of electronic communication device; prohibited acts; penalties. It is a crime to knowingly solicit, coax, entice, or lure a child of under sixteen by way of electronic communication to commit a list of prohibited acts. This is deemed to be a Class ID felony for a first offense and a Class IC felony for subsequent offenses.

NRS 28-322.05. Unlawful use of the Internet by a prohibited sex offender; penalties. Any person required to register under the Sex Offender Registration Act and who knowingly and intentionally uses a social networking web site, instant messaging, or chat room service that allows a person who is less than eighteen years of age to access or use it commits the offense of unlawful use of the Internet by a prohibited sex offender. This is punishable as a Class I misdemeanor for a first offense and a Class IIIA felony subsequently.

NRS 28-805. Debauching a minor; penalty. Any person commits this offense when they debauch or deprave the morals of any boy or girl under the age of seventeen years by lewdly inducing them carnally to know any other person or arranging, aiding or assisting in any meeting between the child and any other person for the purpose of sexual penetration. The crime is deemed to be a Class I misdemeanor.

NRS 28-806. Public indecency; penalty. It is an offense for any person over the age of eighteen to perform or procure any act of sexual penetration, exposure of genitals or any lewd fondling in a public place. This is deemed to be a Class II misdemeanor.

NRS 28-808. Obscene literature and material; sale to minor, unlawful; penalty. It is unlawful for a person to knowingly sell, deliver, distribute, display for sale, or provide to a minor any picture or image of either male or female genitals which are predominantly prurient. The crime is deemed to be a Class I misdemeanor.

NRS 28-809. Obscene motion picture, show, or presentation; admit minor; unlawful; penalty. It is an offense to admit a minor to a premises where there is a motion picture showing that would be harmful to minors. This is a Class I misdemeanor.

NRS 28-813. Obscene literature or material; prepares; distributes; promotes; penalty. It is a criminal offense to print, copy or manufacture any obscene material or performance. It is also unlawful to promote such literature. The crime is deemed to be a Class I misdemeanor.

NRS 28-813.01. Sexually explicit conduct; visual depiction; unlawful; penalty. It is unlawful to possess any visual depiction of sexually explicit conduct which includes a child . If the offender is under nineteen years of age the offense is deemed to be a Class IV felony. If the offender is over nineteen years of age the offense is deemed to be a Class III felony.