What is Nebraska’s Age of Consent?
The legal age of consent in Nebraska is 18, which is similar to the majority of states. However, Nebraska has three specific laws that deal with sexual conduct with someone considered a "minor."
The first law involves sex with a person under the age of 17. According to Nebraska law, it is considered Third Degree Sexual Assault of a Child to:
– Engages in sexual penetration of a minor who is less than 17 years old.
– Engages in sexual contact with a minor who is less than 17 years old and he or she is at least 19 years old at the time.
This crime is a Class IIA felony, carrying a potential 20 years in prison as a maximum punishment .
The other two laws that apply specifically in Nebraska concern the age of the victim and the perpetrator when considering a charge of sexual assault. If the offender is at least 19 years old, he or she can be convicted of Third Degree Sexual Assault of a Child for having sexual contact with a minor without any additional criminal history if the minor is at least 16 years old.
If the minor is less than 16 years old and the offender is 25 years or older, he or she could be charged with First Degree Sexual Assault of a Child.
This first degree offense is a Class IC (2) felony that carries a punishment of 20 to 50 years in prison.
Exceptions and Special Cases
Although the age of consent for sexual activity in Nebraska is 17 years old, there are several exceptions and special circumstances. Within a 2-year "close-in-age" exemption, known commonly as "Romeo and Juliet" laws after the infamous Shakespearean couple, Nebraska does not consider intercourse between adolescents to be a crime, even if one of the individuals is 16 years old (the age of legal consent) and therefore is a minor. The exception does not apply if the older partner is at least 19 years old and holds a position of trust over the victim; such positions include teacher, coach, counselor, babysitter, or other figure who has authority. There are similar legal protections for victims under 19 years old.
Consequences of Violating Age of Consent Laws
Violating age of consent laws in Nebraska can lead to serious legal problems. Anyone who has sexual contact with a Minor, with very few exceptions and not applicable to this discussion, can be charged with third degree sexual assault, a class I misdemeanor. However, violations of age of consent laws in Nebraska are commonly handled as felony crimes.
Many sexual offenses involving Minors in Nebraska are classified as a Class 4 felony. A class 4 felony conviction results in a sentence of up to two years and a $25,000 fine. Sexual offenses that involve the sexual exploitation of a Minor can be charged as a Class 3 felony, which carries up to four years and a $25,000 fine upon conviction.
Sexual offenses that involve third degree sexual assault, or any other compelling factors (aggravating circumstances) can be charged as a Class 2A felony. A class 2A felony conviction results in a sentence of up to 20 years and a $25,000 fine.
Nebraska law is particularly tough on Secondary School employees and volunteers who violate age of consent laws. Any Secondary School employee or volunteer who has sexual contact with a Minor Student can be charged with a class IIIA felony, which results in a sentence of up to three years and a $10,000 fine.
Although states laws vary substantially, most states throughout the country have adopted their own version of the Romeo and Juliet law. This is not the case in Nebraska. Nebraska law does not have an exception for students who are romantically involved; therefore, whether either partner is 16 or 60, having sexual contact with either partner under the age of 16 is a crime.
Changes in Nebraska’s Age of Consent Statute Over Time
Historically, Nebraska’s legislation regarding the age of consent has undergone a number of amendments and alterations over the years. The original legal age of consent was established in 1873, which set the minimum age of consent at 10 years. This meant that any sexual intercourse with a person below the age of 10 years was considered child molestation. In 1913, however, this provision was amended to increase the age limit to 14 years, while still criminalizing sexual intercourse with a minor under the age of 14.
In 1969, the provisions regarding statutory rape were revised once again and both the male and female partner could be charged with the crime. The minimum age was then raised to 16 years.
Despite the changes , in 1977, the Nebraska Supreme Court ruled in the case of State v. Hodge that the State Unicameral Assembly’s amendments no longer protected victims who were over the legal age of consent. In response, the age of consent was altered to protect only those under the age of 21. This system, which relied on the "spouse exception" (a provision which allowed spouses to be charged with statutory rape of one another), as opposed to a clear indication of consent, brought criticism from lawmakers who feared that such a law would lead to confusion and uncertainty, as well as possible abuses.
Effects of Federal Law on Nebraska’s Age of Consent
In addition to state laws, federal jurisdiction often affects the applicability of Nebraska’s law of consent age. The Mann Act, for example, may be invoked when a person travels across state lines for the purpose of having sex with a minor. Codified as 18 U.S.C. § 2423, the Act makes it illegal to transport a person under the age of 18 across state lines with this kind of intent. This law also applies to importing minors into the U.S. for sexual purposes. If convicted, the defendant may face several years in prison, whether or not consent is raised as an affirmative defense.
Sex Offender Registration and Notification Acts (SORNA) also have federal implications on Nebraska’s age of consent law. Enforced in three tiers, these laws classify defendants according to how serious their crime is. Some, like internet-related offenses and those against children under 13 years old, may end up with lifetime registration requirements. SORNA laws require defendants to register with the sex offender registry at each place they reside, work or attend school. They must also inform their local authorities of any changes and submit to a range of verification processes. If the defendant is a repeat offender or is considered a high risk, the government publishes the person’s information via Internet, audio, video and other electronic formats.
Additional Resources for Legal Help
Individuals with concerns about age of consent violations may first seek the assistance of an attorney. Some legal aid resources may also be available. Additionally, the State of Nebraska has published a pamphlet on "Sexual Abuse and Sex Offender Issues" that answers frequently asked questions in a user-friendly format. The answers to some of these questions may be useful to individuals seeking a better understanding of the laws.
The Nebraska Coalition for Victims of Crime – A statewide organization that assists victims of crimes and offers information on the state victim compensation fund . This organization can assist with finding a support group, advocate, and counselor.
Nebraska Attorney General – The state’s official website including general resources, news and information.
Nebraska Coalition to End Sexual & Domestic Violence – An organization that allows individuals who are experiencing domestic or sexual violence to locate a local crisis referral center. It also provides resources for those looking to donate or volunteer.