A bad rumor or a mistake at a house party can result in a knock at the door or a late night phone call from local law enforcement. Allegations of sex offenses can change your child’s life forever, from the loss of scholarships to denied college applications and possible registration on the national sex offender registry. If your child has been charged with a sex offense, you need to contact the juvenile sex offense attorneys at Liberty Law Group immediately.
Do not let your child talk to the police without legal representation.
Omaha Lawyer for Juvenile Sex Offenses
If your child has 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.
Key Figures in Juvenile Offenses
Law Enforcement Officer (Police or Sheriff)
Prepares a police report in response to a crime committed. The report is then forwarded to the county attorney’s office where it
is reviewed. It is then determined whether or not to file a charge (petition) on the juvenile.
Office of Juvenile Services (OJS) workers
The Nebraska Department of Health and Human Services (DHHS) administers the state’s institutions for delinquent offenders
through the OJS. They are assigned to the Youth Rehabilitation and Treatment Centers (YRTC) which are operated by the State
of Nebraska.
Court Appointed Special Advocate (CASA)
Appointed by a Judge, this volunteer advocates for a youth’s best interest in placement determination.
Probation Officers
Supervise juveniles who are placed on probation. They make reports to the court concerning the juvenile process and assist in
transition planning for those youth committed to the YRTCs
Penalties for Juvenile Sex Crimes in Nebraska
The following table is a list of penalties for sex crimes in Nebraska. However, the actual penalties for a juvenile committing a sex crime will be determined by the adjudication process.
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
A dedicated juvenile sex crime lawyer may utilize some of the following defenses to build your child’s case.
- Consent: In cases involving similarly aged minors, your attorney may argue that the sexual interaction was consensual. However, many allegations revolve around the drunkenness of one party or that the other party did not consent to the sexual act at all. Your attorney may help to show the jury that you did have consent to perform the act.
- He said/She said: Many allegations occur without witnesses other than the alleged victim. Your attorney may help prove that there is no reputable witness or hard evidence that links you to the alleged crime.
- False Accusation or Misidentification: In some cases, the defense might argue that the accusation was made out of jealousy, anger, or mistaken identity, particularly if there are strained personal relationships between the individuals involved.
- Mental Health or Developmental Challenges: A defense might argue that the juvenile’s actions stemmed from cognitive or psychological issues that impaired judgment, which could lead to more appropriate rehabilitative or therapeutic responses rather than punitive ones.
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
- Juvenile Court System Explainer – The attached booklet provides an official overview of Sarpy County’s juvenile offense program.
- 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.
- Juvenile Penalties and Adjudications: A study completed in 2019 showed some stark differences in adjudication demographics. Overall 69% of juvenile cases in 2019 have been adjudicated. Overall, no significant differences are found among age groups. Among race, American Indians (61%) and Blacks (61%) are less likely to be adjudicated than Hispanics (74%) or Whites (73%). Overall, females (67%) are less likely to be adjudicated than males (70%). Females (93%) are more likely be adjudicated for traffic offenses than males (79%) and less likely (55%) to be adjudicated for status offenses than males (66%).
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.