Facing a charge of a juvenile sex crime is an overwhelming and frightening ordeal for you and your family. The consequences for these offenses can include jail, fines, and even requirements to register as a sex offender.
Omaha Lawyer for Juvenile Sex Offenses
If you or a loved one have been charged with a sex crime as a juvenile, know that there are resources available to help you. These charges may arise as the result of anger, false accusations, or misunderstanding. In addition, juveniles are provided leniency compared to their adult counterparts. Still, it is extremely important to contest charges of sexual conduct immediately and forcefully to protect your child’s future.
Liberty Law Group is an experienced group of attorneys that defend against all manner of sex crimes, including felony-level and juvenile offenses.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- Juvenile Sex Offenses in Nebraska
- Penalties for Juvenile Sex Crimes
- Defenses in Juvenile Sex Crime Cases
- Role of a Juvenile Sex Crime Lawyer
- Juvenile Criminal Justice Process For Sex Crime Cases
- Frequently Asked Questions
- Resources for Juvenile Sex Crime Cases
- Hire an Attorney for Juvenile Sex Crimes in Douglas County NE
Juvenile Sex Offenses in Nebraska
Sexual Assault in the First Degree by a Juvenile
Under Nebraska law, sexual assault in the first degree includes situations where a juvenile subjects another person to sexual penetration without consent, especially when the victim is incapacitated. This offense, under Nebraska Revised Statute 28-319, is a Class II felony.
Sexual Assault in the Second or Third Degree | Assault With the Intent to Commit Sexual Abuse
In Nebraska, under Revised Statute 28-320, a juvenile commits sexual assault in the second degree by subjecting another person to sexual contact without their consent, or when the juvenile knew or should have known that the victim was physically or mentally incapable of resisting. This is classified as a Class IIA felony if it causes serious personal injury to the victim.
Use of an Electronic Communication Device for Sexual Assault by a Juvenile | Internet Sex Crime
According to Nebraska Revised Statute 28-320.02, a juvenile in Nebraska who knowingly solicits, coax, entice, or lure a child sixteen years of age or younger, or an undercover police officer believed to be a child, using an electronic communication device, for engaging in acts that violate the state’s sexual assault laws, commits a Class ID felony. If the juvenile has prior convictions for similar or related offenses, the classification elevates to a Class IC felony.
Stalking
Stalking, as defined by Nebraska Revised Statute 28-311.03, involves a juvenile willfully harassing another person with the intent to threaten, intimidate, or injure. Generally, stalking is a Class I misdemeanor. However, under Nebraska Revised Statute 28-311.04, the offense escalates to a Class IIIA felony in specific cases, such as if the juvenile has a prior stalking conviction.
Possession of Sexually Explicit Conduct | Possession of Child Pornography
According to Nebraska Revised Statute 28-813.01, sexually explicit conduct involves unlawfully having any visual depiction of sexually explicit activities with a child as an observer or participant. For juveniles, this offense is categorized as a Class I misdemeanor, escalating to a Class IV felony for subsequent convictions.
Creation of Visual Depiction of Sexually Explicit Conduct Involving a Child
Nebraska Revised Statute 28-1463.03 concerns visual depictions of sexually explicit conduct that involves a child. The law prohibits creating, distributing, selling, or possessing such depictions when they feature a child, either as a participant or observer. It is also illegal to involve a child in these acts through employment, coercion, or even with parental consent. Typically, these offenses are classified as Class III felonies. Subsequent offenses escalate to Class IC felonies.
Penalties for Juvenile Sex Crimes
| Classification of Offense | Penalties |
|---|---|
| Class II Felony | Minimum of 1 year up to 50 years imprisonment. |
| Class IIA Felony | Up to 20 years imprisonment. |
| Class ID Felony | Mandatory minimum of 3 years and up to 50 years imprisonment. |
| Class IC Felony | Mandatory minimum of 5 years and up to 50 years imprisonment. |
| Class III Felony | Up to 4 years imprisonment with 2 years of post-release supervision and/or a fine of up to $25,000. |
| Class IIIA Felony | Up to 3 years imprisonment with 18 months post-release supervision and/or a fine of up to $10,000. |
| Class IV Felony | Up to 2 years imprisonment with 12 months of post-release supervision and/or a fine of up to $10,000. |
| Class I Misdemeanor | Up to 1 year imprisonment and/or a fine of up to $1,000. |
Defenses in Juvenile Sex Crime Cases
- Mistaken Identity: This defense may involve presenting alibis, questioning eyewitnesses, or challenging identification methods to demonstrate that the accused was not the perpetrator.
- Lack of Intent: This defense applies if the accused unknowingly engaged in behavior that was misconstrued as sexual assault without any intention of causing harm.
- Mental Incapacity: This defense argues that the accused was not mentally capable of understanding their actions or the consequences at the time. It may involve psychological evaluations and expert testimony to support the claim.
- Consent: In some cases, it may be argued that the alleged victim consented to the actions, though this defense may be limited by laws concerning the age of consent and the specific circumstances of the case.
- False Accusation: This defense argues that the accusation itself is false and may involve examining motives for false claims, inconsistencies in testimony, or other supporting evidence to prove innocence.
- Entrapment: If law enforcement or others induced or encouraged the accused to commit the crime, entrapment may be a viable defense.
Role of a Juvenile Sex Crime Lawyer
- Understanding the Charges: Your lawyer will explain the charges to you and your family, including potential penalties, and ensure you understand what is at stake.
- Gathering Evidence: The lawyer will collect police reports, witness statements, and digital or physical evidence to understand the case and prepare your defense.
- Defending Your Rights: They will ensure your rights are protected throughout the process, including the right to remain silent and to have a lawyer present during questioning.
- Building a Defense Strategy: A defense strategy is based on weaknesses in the prosecution’s evidence.
- Court Representation: The lawyer represents you in court, files necessary motions, argues on your behalf, and works to reduce or dismiss the charges.
- Support Throughout the Case: Your lawyer will support you and your family, guiding you to make informed decisions and working towards the best possible outcome.
Juvenile Criminal Justice Process For Sex Crime Cases
In Nebraska, juvenile courts handle cases involving minors who commit crimes, focusing on rehabilitation rather than punishment. When a minor is suspected of a crime, law enforcement assesses the situation and may take the juvenile into temporary custody according to Nebraska Revised Statute 43-248. Parents are notified immediately, and the juvenile may be released or sent to court.
The county attorney decides whether to press charges, offer a diversion program, or file a court petition. A diversion program, outlined in Nebraska Revised Statute 43-274, offers mediation or community service as alternatives to court, preventing a juvenile record if all terms are met.
Detention hearings within 24 hours determine if the minor needs to be held to ensure safety or for a court appearance. Juveniles may be detained in juvenile facilities with exceptions for serious cases.
At the arraignment, the judge explains the charges and the juvenile can respond similar to adult court pleas. The case may proceed to adjudication or dispositional hearings based on the juvenile’s response.
Juvenile court does not use juries and adjudications are not criminal convictions, which protects the juvenile’s record. Post-adjudication, the court decides on placement or probation, focusing on rehabilitation. The court retains authority until the juvenile is an adult or the case is dismissed.
Frequently Asked Questions
What is considered sexual assault in the first degree by a juvenile in Nebraska?
Sexual penetration without consent, especially when the victim is incapacitated, is first-degree sexual assault under Nebraska law.
What are possible defenses in juvenile sex crime cases?
Common defenses include mistaken identity, lack of intent, mental incapacity, and challenging the prosecution’s evidence.
What is the role of a juvenile sex crime lawyer?
They protect the juvenile’s rights, build a defense, represent the client in court, and aim to reduce or dismiss charges.
What happens if a juvenile is taken into temporary custody?
Parents are notified, and a detention hearing determines whether the juvenile will be released or detained for safety reasons.
What is Nebraska’s diversion program for juveniles?
Under Nebraska Revised Statute 43-274, juveniles may enter mediation or community service to avoid court and a criminal record.
Can a juvenile be tried with a jury in Nebraska?
No, juvenile court adjudications do not involve juries, and findings are not criminal convictions, protecting the juvenile’s record.
What is possession of sexually explicit conduct in Nebraska?
Possessing visual depictions of sexually explicit activities involving a child is a Class I misdemeanor, escalating with subsequent offenses.
What factors influence the decision to press charges against a juvenile?
The county attorney considers the severity of the crime, the juvenile’s record, and rehabilitation options like diversion programs.
Resources for Juvenile Sex Crime Cases
- Nebraska Sex Crimes: A resource detailing Nebraska’s laws regarding sex crimes, classifications, and penalties. It allows users to explore various statutes that define illegal actions within the state.
- Nebraska Sex Offender Registry: Managed by the Nebraska State Patrol, this tool allows searches for registered sex offenders by name, region, or location, aiding in community safety efforts.
- Lancaster County Nebraska Juvenile Division: The Juvenile Division handles legal cases involving juveniles in Lancaster County, focusing on collaboration with local services and law enforcement to support juveniles and their families.
Hire an Attorney for Juvenile Sex Crimes in Douglas County NE
Liberty Law Group is an experienced group of attorneys that defend against all manner of sex crimes, including felony-level and juvenile offenses.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
