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Nebraska Age of Consent Laws: Statutes, Penalties and Reporting

Independently fact-checkedBy Recording Law Editorial Team13 min read

Independently fact-checked against primary sources (last audited September 30, 2026). · 23 primary sources cited on this page. How we verify our legal content

Nebraska Age of Consent Laws: Statutes, Penalties and Reporting

Nebraska's age-based sexual offenses protect persons under 16 through offenses that turn on the actor's age (19 or older, or 25 or older in the most serious tier) rather than on an age difference (Neb. Rev. Stat. 28-319, 28-319.01, 28-320.01), and separate statutes protect students aged 16 to 19, minors under 19 in the care of listed providers, stepchildren under 19 and other listed persons.

To report a concern: if a child is in immediate danger, call 911. The Nebraska Department of Health and Human Services states on its official page that anyone who has reason to believe a child has been abused or neglected must report to the Child Abuse and Neglect Hotline at (800) 652-1999 or online. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Nebraska's criminal statutes on sexual offenses involving minors, mainly Neb. Rev. Stat. 28-316.01 to 28-322.07, 28-703, 28-801.01 to 28-833 and 28-1803 to 28-1805, and the Sex Offender Registration Act in chapter 29. Federal law is summarized on the age of consent laws by state hub. The statute text below was read on the Nebraska Legislature's official site on 2026-09-30.

This page describes the main age-based sexual offense statutes. Other Nebraska statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Nebraska law protects minors by age

Nebraska's offenses use the victim's age and a minimum age for the actor. The table summarizes the main provisions.

Person protectedActorOffenseGrade
Under 12 (penetration)19 or olderSexual assault of a child, first degree (28-319.01(1)(a))Class IB (28-319.01(2) sets a 15-year mandatory minimum for a first offense; 28-105 lists a 20-year Class IB minimum)
12 to 15 (penetration)25 or olderSexual assault of a child, first degree (28-319.01(1)(b))Class IB (28-319.01(2) sets a 15-year mandatory minimum for a first offense; 28-105 lists a 20-year Class IB minimum)
12 to 15 (penetration)19 or olderSexual assault, first degree (28-319(1)(c))Class II
14 or younger (contact)At least 19Sexual assault of a child, second or third degree (28-320.01)Class II or Class IIIA
Students 16 to 19School workerSexual abuse by a school worker (28-316.01)Class IIA, IIIA or IV

Under 12

Section 28-319.01(1)(a) provides that a person commits sexual assault of a child in the first degree "when 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."

Ages 12 to 15

Section 28-319(1)(c) makes sexual penetration first-degree sexual assault "when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age." Section 28-319.01(1)(b) applies to a victim at least 12 but less than 16 where "the actor is twenty-five years of age or older," and carries the higher grade.

Section 28-320.01 covers sexual contact with a person "fourteen years of age or younger" where the actor is at least 19. It is second degree where the actor causes serious personal injury and third degree where the actor does not. Section 28-319(1)(a) and (b) and section 28-320(1) also cover penetration and contact without the consent of the victim, or where the victim is mentally or physically incapable of resisting or appraising the nature of the conduct, at any age.

Students, minors in care, and other listed relationships

  • School workers. Section 28-316.01 applies where a school worker, meaning a school employee or a school contract worker who is 19 or older, subjects a student of the school to which the worker is assigned to sexual penetration or contact, or engages in a pattern or scheme of conduct to do so. "Student" means a person at least 16 but not more than 19 enrolled in or attending a school, or who was within 90 days of the violation. The section states that it is not a defense that the student consented. Penetration is a Class IIA felony, contact a Class IIIA felony and a pattern or scheme with that intent a Class IV felony.
  • Child welfare service providers. Section 28-322.07 prohibits a child welfare service provider from subjecting a minor, defined as an individual under 19, who receives child welfare services or is in the provider's care, custody or control, to sexual penetration (Class IIA) or sexual contact (Class IIIA), and states that consent is not a defense.
  • Conservators, guardians and guardians ad litem. Section 28-322.06 applies to an individual whom the conservator, guardian or guardian ad litem has been appointed to serve, with the same classes and a statement that consent is not a defense. It has no age element. The Legislature's registration statute refers to it for persons convicted on or after July 18, 2026.
  • Protected individuals. Section 28-322.04 applies to a person employed by the Department of Health and Human Services, or a person to whom it has delegated control, as to an individual in the department's care or custody, and states that consent is not a defense.
  • Incest. Section 28-703 covers sexual penetration or contact with a person within listed degrees of consanguinity, with the actor's stepchild who is under 19, and with the actor's adopted child or foster child. It is a Class III felony, and a Class IIA felony where the person is under 18.
  • Permitting sexual abuse of a child. Under section 28-707(1)(e), a person who knowingly, intentionally or negligently causes or permits a minor child to be placed in a situation to be sexually abused as defined in 28-319, 28-319.01 or 28-320.01 commits child abuse, a Class IIIA felony when committed knowingly and intentionally without serious bodily injury.
  • Debauching a minor. Section 28-805 covers a person who is not a minor inducing or arranging for a person under 17 to have carnal knowledge of another person or to visit a place of prostitution, and is a Class I misdemeanor.

Online conduct, exploitation and trafficking

  • Electronic communication. Section 28-320.02 makes it a Class ID felony to solicit, coax, entice or lure a child 16 or younger, or a peace officer believed to be one, by an electronic communication device to engage in an act that would violate 28-319, 28-319.01, 28-320.01 or 28-320(1) or (2). Section 28-833 makes it a Class IV felony for a person 19 or older to use an electronic communication device to contact a child under 16 with lewd language or depictions or an indecent solicitation.
  • Enticement into a vehicle or place. Section 28-311 covers soliciting, coaxing, enticing or luring a child under 14 into a vehicle, or into a place with the intent to seclude the child, and is a Class IIIA felony.
  • Solicitation of prostitution. Section 28-801.01 makes soliciting a person under 18 a Class IV felony even for a first offense.
  • Sex trafficking of a minor. Section 28-831 makes sex trafficking of a minor a Class IB felony, and states that consent of the minor is not a defense.
  • Child sexual abuse material. Section 28-1805 prohibits making, distributing or causing a child to appear in child sexual abuse material, and section 28-1803 prohibits possessing or receiving it. In these sections "child" means an individual under 18.

How the age elements work

In sections 28-319(1)(c), 28-319.01 and 28-320.01, the actor's minimum age is part of the definition of the offense. Section 28-319.01(4) states that "the age of the actor shall be an essential element of the offense that must be proved beyond a reasonable doubt." These sections do not use an age-difference formula. None of them describes the actor-age requirement as a defense, and none provides a reduced grade for a smaller age gap. Section 28-316.01 and the related sections state that consent is not a defense.

Stack of court documents held together with a binder clip

Penalties

Nebraska grades offenses by felony class. Under section 28-105, a Class IB felony is life at most with a 20-year minimum, Class IC 5 (mandatory) to 50 years, Class ID 3 (mandatory) to 50 years, Class II 1 to 50 years, Class IIA up to 20 years, Class III up to 4 years and 2 years of post-release supervision or a $25,000 fine, Class IIIA up to 3 years and 18 months of post-release supervision or a $10,000 fine, and Class IV up to 2 years and 12 months of post-release supervision or a $10,000 fine.

OffenseGrade as stated
Sexual assault of a child, first degree (28-319.01)Class IB (maximum life under 28-105); section 28-319.01(2) sets a mandatory minimum of 15 years for a first offense and 28-319.01(3) sets 25 years after listed prior convictions, while 28-105 lists 20 years as the general Class IB minimum
Sexual assault, first degree (28-319)Class II; the judge considers serious personal injury; 25-year mandatory minimum for a second first-degree conviction
Sexual assault of a child, second degree (28-320.01)Class II for a first offense; Class IC with a 25-year mandatory minimum after listed prior convictions
Sexual assault of a child, third degree (28-320.01)Class IIIA for a first offense; Class IC after listed prior convictions
Sexual assault, second degree (28-320)Class IIA where serious personal injury is caused; third degree is a Class I misdemeanor
Sexual abuse by a school worker (28-316.01)Class IIA (penetration), IIIA (contact), IV (pattern or scheme)
Electronic communication solicitation (28-320.02)Class ID; Class IC after a prior covered offense
Sex trafficking of a minor (28-831)Class IB

Sex offender registration

Section 29-4003 lists registrable offenses, including sexual assault under 28-319 and 28-320, sexual abuse by a school worker (28-316.01), sexual assault of a child in the first, second or third degree (28-319.01, 28-320.01), incest of a minor (28-703), criminal child enticement (28-311), enticement by electronic communication device (28-320.02 and 28-833), debauching a minor (28-805), offenses involving child sexual abuse material, sex trafficking under 28-831 where the court determines it was sex trafficking, and, for persons convicted on or after July 18, 2026, sexual abuse under 28-322.06 and 28-322.07.

Under section 29-4005, the full registration period is 15 years if the registrable offense is not punishable by imprisonment for more than one year, 25 years if it is, and life if it is punishable by more than one year and the person was convicted of an aggravated offense or had a prior sex offense conviction. A person registered for 15 years may request a reduction to 10 years on proof stated in the section. Section 29-4003 does not state an age-difference exception for the listed offenses.

Recent changes

Laws 2025, LB150 renamed the school offense in section 28-316.01 from sexual abuse by a school employee to sexual abuse by a school worker and added school contract workers, leaving the student age range unchanged.

Laws 2026, LB965, approved April 16, 2026, created sexual abuse by a conservator, guardian or guardian ad litem (28-322.06) and by a child welfare service provider (28-322.07), amended the incest statute (28-703) and the registration statute (29-4003), and provides that most of its sections became operative on their effective date; the Legislature's statute pages show an operative date of July 18, 2026 for 28-322.07, 28-703 and 29-4003, and section 28-322.06 is not among the sections the act makes operative October 1, 2026. The history lines for 28-319 and 28-320.01 show no amendments after 2006, for 28-319.01 none after 2009 and for 28-320 none after 2015, and the age elements described above are unchanged. Laws 2025, LB383 appears in the history of sections 28-320.02, 28-1805 and 29-4003.

How to report

If a child is in immediate danger, call 911. The Nebraska Department of Health and Human Services states on its official page that anyone who has a reason to believe a child has been abused or neglected must report to the Child Abuse and Neglect Hotline at (800) 652-1999 or online. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Nebraska criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Nebraska.

Frequently Asked Questions

Does Nebraska use an age difference between the two people?

Not in sections 28-319(1)(c), 28-319.01 or 28-320.01. Those sections state a minimum age for the actor: 19 or older, or 25 or older for first-degree sexual assault of a child where the victim is at least 12 but less than 16. Section 28-319.01(4) states that the actor's age is an essential element.

Which students does the Nebraska school-worker statute cover?

Section 28-316.01 defines a student as a person at least 16 but not more than 19 enrolled in or attending a school, or who was within 90 days of the violation. The worker must be a school employee or school contract worker, 19 or older, assigned to the student's school.

What is the difference between first-degree sexual assault and first-degree sexual assault of a child?

Section 28-319 is a Class II felony and covers penetration without consent, penetration where the victim is incapable of resisting, and penetration where the actor is 19 or older and the victim is at least 12 but less than 16. Section 28-319.01 is a Class IB felony with a mandatory minimum and covers a victim under 12 with an actor at least 19, and a victim at least 12 but less than 16 with an actor 25 or older.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Neb. Rev. Stat. 28-319 (Sexual assault; first degree)(nebraskalegislature.gov).gov
  2. Neb. Rev. Stat. 28-319.01 (Sexual assault of a child; first degree)(nebraskalegislature.gov).gov
  3. Neb. Rev. Stat. 28-320 (Sexual assault; second or third degree)(nebraskalegislature.gov).gov
  4. Neb. Rev. Stat. 28-320.01 (Sexual assault of a child; second or third degree)(nebraskalegislature.gov).gov
  5. Neb. Rev. Stat. 28-320.02 (Sexual assault; use of electronic communication device)(nebraskalegislature.gov).gov
  6. Neb. Rev. Stat. 28-316.01 (Sexual abuse by a school worker)(nebraskalegislature.gov).gov
  7. Neb. Rev. Stat. 28-322.04 (Sexual abuse of a protected individual)(nebraskalegislature.gov).gov
  8. Neb. Rev. Stat. 28-322.06 (Sexual abuse by a conservator, guardian, or guardian ad litem)(nebraskalegislature.gov).gov
  9. Neb. Rev. Stat. 28-322.07 (Sexual abuse by a child welfare service provider)(nebraskalegislature.gov).gov
  10. Neb. Rev. Stat. 28-703 (Incest)(nebraskalegislature.gov).gov
  11. Neb. Rev. Stat. 28-805 (Debauching a minor)(nebraskalegislature.gov).gov
  12. Neb. Rev. Stat. 28-311 (Criminal child enticement)(nebraskalegislature.gov).gov
  13. Neb. Rev. Stat. 28-833 (Enticement by electronic communication device)(nebraskalegislature.gov).gov
  14. Neb. Rev. Stat. 28-801.01 (Solicitation of prostitution)(nebraskalegislature.gov).gov
  15. Neb. Rev. Stat. 28-831 (Human trafficking; trafficking of a minor)(nebraskalegislature.gov).gov
  16. Neb. Rev. Stat. 28-1803 (Child sexual abuse material; possess or receive)(nebraskalegislature.gov).gov
  17. Neb. Rev. Stat. 28-1805 (Child sexual abuse material; prohibited acts)(nebraskalegislature.gov).gov
  18. Neb. Rev. Stat. 28-105 (Felony classification of penalties)(nebraskalegislature.gov).gov
  19. Neb. Rev. Stat. 29-4003 (Sex Offender Registration Act; applicability)(nebraskalegislature.gov).gov
  20. Neb. Rev. Stat. 29-4005 (Registration duration)(nebraskalegislature.gov).gov
  21. 2026 LB965, as approved by the Governor April 16, 2026(www.nebraskalegislature.gov).gov
  22. Nebraska DHHS: report child abuse and neglect(dhhs.ne.gov).gov
  23. Neb. Rev. Stat. 28-707 (Child abuse)(nebraskalegislature.gov).gov
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