Sex crimes are one of the most aggressively investigated and prosecuted types of crimes by both the state of Nebraska and federal authorities. These offenses are categorized either as misdemeanors or felonies, where felonies, deemed more severe, are met with significantly greater legal consequences. Understanding sex crimes in Nebraska, including the specific offenses, their corresponding penalties, potential alternatives to incarceration, and defenses against such charges, is essential for anyone facing accusations.

The role of a criminal defense attorney also becomes indispensable in these scenarios, as they can provide a comprehensive defense strategy. Their experience and skill not only assists in making sense of all the implications in sex crime cases but also provides the accused individual with a clearer path through the judicial process and a chance to avoid worst case scenarios.

Omaha Sex Crimes Defense Attorney

At Liberty Law Group, our defense attorneys are skilled and experienced in defending our clients from any allegation that a sexually-motivated criminal offense was committed. We have handled complex sex crime cases and take a full-service, comprehensive approach to pursuing the most favorable outcome possible for our clients. Our firm proudly serves the communities of Omaha, Lincoln, Papillion, Council Bluffs and surrounding areas of Eastern Nebraska and Western Iowa. Including the counties of Douglas, Lancaster, Sarpy, Dodge, Washington, Saunders and Cass in Nebraska and Pattawattamie, Hamilton, and Mills in Iowa. If you or a loved one has been arrested, charged, accused, or is under investigation for a sex crime, contact our firm immediately to request a free and confidential consultation to discuss your case. Below, Liberty Law Group explains what individuals need to know about sex crimes in Nebraska, including how a criminal defense lawyer can defend their clients and protect their rights.

• Specific Sex Offenses under Nebraska Law
• Key Terms in Sexual Assault Cases
• Penalties For Sex Crimes in Nebraska
• Consequences of Sex Crimes Convictions
• How Sex Crimes Are Prosecuted In Nebraska
• Nebraska Sex Offender Registry
• Nebraska Sex Offender Restrictions
• Defenses in Sex Crime Cases
• Role of a Nebraska Sex Crime Criminal Defense Attorney
• Additional Resources

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Specific Sex Offenses under Nebraska Law

A sex crime in Nebraska is broadly defined as a non-consensual sexual contact, with lack of consent characterized by coercion, non-verbal or verbal refusal, the perpetrator’s knowledge of the victim’s inability to consent, or consent that is induced through deception.

• Sexual Assault in the First Degree | Rape and Aggravated Sexual Assault – Under Nebraska law, rape is encompassed within the broader definition of sexual assault in the first degree under Nebraska Revised Statute §28-319. This includes situations where the perpetrator subjects another person to sexual penetration without consent, especially under circumstances where the victim is incapacitated. This is a Class II felony, often involving more severe penalties when serious personal injury is caused to the victim.
• Sexual Assault in the First Degree | Statutory Rape – Statutory rape is addressed under Nebraska Revised Statute §28-319. This law includes situations where an individual 19 years of age or older engages in sexual penetration with a minor who is at least 12 but less than 16 years old. In these cases, the law presumes the minor’s inability to legally consent due to their age. As with other first-degree sexual assault scenarios, this is classified as a Class II felony.
• Sexual Assault in the Second or Third Degree | Assault With the Intent to Commit Sexual Abuse – According to Nebraska Revised Statute §28-320, sexual assault in the second degree occurs when a person subjects another to sexual contact without the victim’s consent, or when the actor knew or should have known that the victim was physically or mentally incapable of resisting their conduct. This offense is classified as a Class IIA felony when the act results in serious personal injury to the victim.
• Enticement by Electronic Communication Device – As defined by Nebraska Revised Statute §28-833, enticement by electronic communication device occurs when an individual aged nineteen or older knowingly and intentionally uses an electronic communication device to contact a person under sixteen years of age, or someone believed to be under sixteen, for the purpose of sending indecent, lewd, or obscene language, writings, sounds, or images, or to offer or solicit any indecent or lascivious act. This offense is classified as a Class IV felony in Nebraska.
• Sexual Assault of a Child in the First Degree – Sexual assault of a child in the first degree, as defined by Nebraska Revised Statute §28-319.01, occurs when an individual aged nineteen or older subjects a person under twelve years of age to sexual penetration, or when an individual aged twenty-five or older subjects a person between twelve and sixteen years of age to sexual penetration. This crime is classified as a Class IB felony, carrying a mandatory minimum sentence of fifteen years in prison for a first offense, with increased penalties for subsequent convictions.
• Sexual Assault of a Child in the Second or Third Degree – Under Nebraska Revised Statute §28-320, sexual assault of a child in the second or third degree involves subjecting another person to sexual contact without their consent, or when the perpetrator knew or should have known that the victim was physically or mentally incapable of resisting or understanding the act. The classification of the offense as either second or third degree depends on the presence of serious personal injury to the victim: it is classified as a Class IIA felony for sexual assault in the second degree when serious personal injury is caused, and as a Class I misdemeanor for sexual assault in the third degree when there is no serious personal injury involved.
• Sexual Abuse of an Inmate or Parolee – Sexual abuse of an inmate or parolee, as described in Nebraska Revised Statute §28-322, means any inappropriate sexual behavior or conduct directed towards individuals who are either incarcerated in facilities operated by the Department of Correctional Services or local correctional or jail facilities, or those under parole supervision. This law broadly defines the term "person" to include anyone authorized or delegated control over an inmate’s activities, excluding the inmate’s spouse. Any person who subjects a parole or inmate to sexual penetration is guilty of a Class IIA felony. Any person who subjects a parole or inmate to sexual contact is guilty of a Class IIIA felony.
• Sexual Abuse by a School Employee – According to Nebraska Revised Statute §28-316.01, sexual abuse by a school employee occurs when a school employee aged nineteen or older engages in sexual penetration or contact, or exhibits a pattern of conduct intending such acts, with a student between sixteen and nineteen years of age at the school where the employee works. The classification of this offense varies based on the nature of the abuse: sexual penetration by a school employee is considered first-degree sexual abuse and is a Class IIA felony; sexual contact is classified as second-degree sexual abuse and is a Class IIIA felony; and a pattern or scheme of conduct aiming to cause sexual penetration or contact is third-degree sexual abuse and classified as a Class IV felony.
• Sexual Abuse of a Protected Individual – As defined by Nebraska Revised Statute §28-322.04, sexual abuse of a protected individual is committed when a person employed by the Department of Health and Human Services, or anyone authorized or delegated control over a protected individual’s activities, subjects a protected individual to sexual penetration or sexual contact, regardless of the protected individual’s consent. The law classifies sexual abuse of a protected individual in two degrees: sexual penetration constitutes sexual abuse of a protected individual in the first degree, which is a Class IIA felony, while sexual contact is classified as sexual abuse of a protected individual in the second degree, which is a Class IIIA felony.
• Sexual Abuse of a Detainee – As defined by Nebraska Revised Statute §28-322.05, sexual abuse of a detainee occurs when an individual employed by, or under contract with, a law enforcement agency, or someone authorized or delegated to exercise control over a detainee, engages in sexual penetration or sexual contact with a detainee. The consent of the detainee is not a valid defense for this charge. The law differentiates between two degrees of this offense: engaging in sexual penetration with a detainee constitutes sexual abuse of a detainee in the first degree, classified as a Class IIA felony, while engaging in sexual contact with a detainee is classified as sexual abuse of a detainee in the second degree, a Class IIIA felony.
• Use of an Electronic Communication Device for Sexual Assault | Internet Sex Crimes – According to Nebraska Revised Statute §28-320.02, the use of an electronic communication device for sexual assault involves knowingly soliciting, coaxing, enticing, or luring a child sixteen years of age or younger, or an undercover police officer who is believed to be such a child, through electronic communication, for engaging in acts that violate the state’s sexual assault laws. This law specifically classifies the offense as a Class ID felony. However, if the offender has prior convictions for similar or related offenses, the classification elevates to a Class IC felony.
• Human Trafficking – According to Nebraska Revised Statute §28-830, human trafficking encompasses various forms of exploitation, including forced labor or services, and commercial sexual activity. This law defines human trafficking as the act of recruiting, enticing, harboring, transporting, providing, or obtaining a person, either an adult or a minor, with the intent or knowledge that the individual will be subjected to forced labor, services, or commercial sexual activities. Sex trafficking of an adult is classified as a Class II felony.
• Human Trafficking of a Minor – Human trafficking of a minor, as defined by Nebraska Revised Statute §28-831, involves the engagement in either labor trafficking or sex trafficking of an individual under eighteen years of age. This specific crime includes acts like recruiting, enticing, harboring, transporting, or obtaining a minor for forced labor or commercial sexual activities. The law classifies human trafficking of a minor as a Class IB felony. Additionally, the law emphasizes that neither the minor’s consent nor the perpetrator’s belief in the minor’s consent or age is a valid defense against these charges.
• Public Indecency | Indecent Exposure – As defined by Nebraska Revised Statute §28-806, public indecency is committed when an individual aged eighteen or older engages in specific sexual behaviors in a public place where they can be reasonably expected to be seen by others. This includes acts of sexual penetration, intentional exposure of genitals, or lewd fondling or caressing of another person. The law classifies public indecency as a Class II misdemeanor.
• Continuous Sexual Assault of a Child – As outlined in Nebraska Revised Statute §28-319.01, continuous sexual assault of a child refers specifically to repeated instances where an individual commits sexual assault of a child in the first degree. This law classifies the offense as a Class IB felony, where the mandatory minimum sentence is twenty-five years in prison. Under Nebraska Revised Statute 28-320.01 (second-degree sexual assault of a child), a repeat offense is classified as a Class IC felony, with a mandatory minimum term of twenty-five year in prison.
• Incest – According to the Nebraska Revised Statute §28-703, incest occurs when an individual knowingly marries or engages in sexual penetration with a relative or with a stepchild under nineteen years of age. The law classifies incest as a Class III felony, but it escalates to a Class IIA felony if the relative or stepchild is under eighteen years old.
• Prostitution – As defined by Nebraska Revised Statute §28-801, prostitution means performing, offering, or agreeing to perform any sexual contact or penetration with someone who is not the performer’s spouse, in exchange for money or other thing of value. The classification of prostitution under this law varies based on the individual’s prior convictions. For those with no or one prior conviction, it is classified as a Class II misdemeanor, while individuals with two or more prior convictions face a Class I misdemeanor.
• Solicitation of Prostitution – Under Nebraska Revised Statute §28-801.01, solicitation of prostitution means requesting another person, not one’s spouse, to engage in sexual contact or penetration in exchange for money or another thing of value. For first-time offenders, it is classified as a Class I misdemeanor. However, if the solicited individual is under eighteen years of age, the offense is elevated to a Class IV felony. Repeat offenders also face a Class IV felony charge.
• Stalking – According to Nebraska Revised Statute §28-311.03, stalking is defined as the willful harassment of another person with the intent to terrify, injure, intimidate, or threaten. The law classifies stalking generally as a Class I misdemeanor. However, under Nebraska Revised Statute 28-311.04, the classification escalates to a Class IIIA felony in specific circumstances, such as if the offender has a prior conviction for stalking within the last seven years, if the victim is under sixteen years of age, if the offender possessed a deadly weapon during the violation, if the offender was violating certain protection orders, or if the offender has a prior felony conviction involving the same victim.
• Unlawful Intrusion | Revenge Porn – As defined by Nebraska Revised Statute §28-311.08, unlawful intrusion means knowingly intruding upon another person without their consent in a place where they expect privacy, or intentionally recording or viewing someone’s intimate areas without their knowledge and consent. The law specifies different classifications for this offense: a first violation of intrusion in a private space is a Class I misdemeanor, with a second or subsequent violation being a Class IV felony. Additionally, recording intimate areas without consent is a Class IV felony, and distributing such images without consent can be classified as a Class IIA felony for the first or second violation, increasing to a Class II felony for third or subsequent violations.
• Criminal Child Enticement – Criminal child enticement, as defined by Nebraska Revised Statute §28-311, involves knowingly soliciting, coaxing, enticing, or luring a child under the age of fourteen to enter a vehicle or any place with the intent to seclude them. This act is illegal regardless of whether the perpetrator knows the child’s age. The specific classification of criminal child enticement under this law is a Class IIIA felony. However, if the perpetrator has previous convictions for related offenses involving children or assault, the offense is classified as a Class IIA felony.
• Debauching a Minor – As outlined in Nebraska Revised Statute §28-805, debauching a minor refers to the offense committed by an adult who corrupts the morals of a boy or girl under seventeen years of age. This can include soliciting them to visit places where immoral practices are encouraged, arranging meetings with individuals for sexual purposes, or facilitating sexual conduct. The specific classification for the crime of debauching a minor under this law is a Class I misdemeanor.
• Violation of a Sexual Assault Protection Order – According to Nebraska Revised Statute 28-311.11, violation of a sexual assault protection order occurs when a person knowingly disobeys the terms of a court-issued order that prohibits certain actions against a sexual assault victim. These actions may include imposing restraint, harassment, threats, molestation, or any form of communication with the person granted the protection order. This violation is classified as a Class I misdemeanor under Nebraska law. However, if the violator has a prior conviction for violating a sexual assault protection order, the offense escalates to a Class IV felony.
• Sexually Explicit Conduct | Visual Depiction | Possession of Child Pornography – According to Nebraska Revised Statute §28-813.01, sexually explicit conduct involves the unlawful possession of any visual depiction featuring sexually explicit activities with a child as a participant or observer. The law categorizes the offense as a Class IIA felony for individuals nineteen years or older possessing such content, and as a Class I misdemeanor for individuals under nineteen, 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 defines "visual depiction of sexually explicit conduct" as any visual representation, such as images or videos, displaying explicit sexual activities. This law specifically classifies such depictions as illegal when they include a child as a participant or observer in this conduct. The law criminalizes creating, distributing, selling, and possessing these depictions. It also prohibits involving a child in this conduct through employment, coercion, or parental consent. Under Nebraska Revised Statute 28-1463.04, individuals under 19 years old are charged with a Class III felony, while those 19 or older face a Class ID felony. Repeat offenders are charged with a Class IC felony.
• Possession with Intent to Distribute Visual Depiction of Sexually Explicit Conduct Involving a Child – According to Nebraska Revised Statute §28-1463.05, it is unlawful when a person knowingly possesses with the intent to distribute any visual depiction of sexually explicit conduct involving a child. This law specifies different classifications for the offense based on the age of the violator and their previous criminal record. Individuals under nineteen years of age committing this offense face a Class IIIA felony. Those nineteen years or older face a Class IIA felony. And individuals with a previous conviction of this offense or related offenses face a Class IC felony.

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Key Terms in Sexual Assault Cases

Under Nebraska Revised Statute §28-318, several key terms relating to sexual assault are defined to clarify their legal interpretation.

• "Intimate parts" are identified as the genital area, groin, inner thighs, buttocks, or breasts.
• "Serious personal injury" includes significant bodily harm or disfigurement, extreme mental anguish or trauma, pregnancy, disease, or harm to sexual or reproductive organs.
• "Sexual contact" is defined as the intentional touching of the victim’s intimate parts, or the clothing covering them, for sexual arousal or gratification. This also includes contact initiated by the individual and the touching of a child by a school employee for sexual abuse.
• "Sexual penetration" involves any form of sexual intercourse, oral or anal sex, or the intrusion of any part of the body or any object into the genital or anal openings.
• "Without consent" covers situations where the victim was compelled by force, threat, or coercion, expressed a lack of consent, or was deceived about the act or the individual’s identity. Resistance to signify non-consent can be verbal or physical but is not required where it would be futile or useless.
• “Force or threat of force" includes physical force overcoming resistance or the threat of physical force that induces fear of death or serious injury, where the victim reasonably believes the actor can execute the threat.

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Penalties For Sex Crimes in Nebraska

Misdemeanor Fines and Jail Terms

According to Nebraska Revised Statute 28-106, the following penalties for misdemeanor offenses apply:

• Class V Misdemeanor – up to a $100 fine.
• Class IV Misdemeanor – up to a $500 fine.
• Class IIIA Misdemeanor – up to 7 days in jail and/or up to a $500 fine.
• Class III Misdemeanor – up to 90 days in jail and/or up to a $500 fine.
• Class II Misdemeanor – up to 6 months in jail and/or up to a $1,000 fine.
• Class I Misdemeanor – up to 1 year in jail and/or up to a $1,000 fine.

Misdemeanor charges are normally brought in county courts in Nebraska. For example, in Omaha, individuals face misdemeanor charges in Douglas County Court. In Lincoln, individuals face misdemeanor charges in Lancaster County Court.

Felony Fines and Jail Terms

According to Nebraska Revised Statute 28-105, the following penalties for felony offenses apply:

• Class IV Felony – 0-2 years in prison followed by 9-12 months of post-release supervision and/or up to a $10,000 fine.
• Class IIIA Felony – 0-3 years in prison followed by 9-18 months of post-release supervision and/or up to a $10,000 fine.
• Class III Felony – 0-4 years in prison followed by 9-24 months of post-release supervision and/or up to a $25,000 fine.
• Class IIA Felony – 0-20 years in prison
• Class II Felony – 1-50 years in prison
• Class ID Felony – 3-50 years in prison
• Class IC Felony – 5-50 years in prison
• Class IB Felony – 20 years to life in prison
• Class IA Felony – life in prison
• Class I Felony – death sentence

Felony charges are brought in district courts in Nebraska.

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Consequences of Sex Crimes Convictions

In Nebraska, individuals convicted of sex crimes face a range of collateral consequences that extend beyond the immediate legal penalties. Firstly, the requirement to register as a sex offender is a primary consequence under Nebraska law. This registration, which is public, can lead to social stigma and isolation, affecting personal relationships and the individual’s standing in the community.

Employment opportunities often become limited, as many employers are reluctant to hire registered sex offenders, particularly in roles involving trust or contact with certain vulnerable groups such as children or the elderly. Similarly, housing options are restricted, with many landlords and residential communities unwilling to accommodate sex offenders. Furthermore, educational prospects can be damaged beyond repair, with some institutions denying admission to individuals with sex crime convictions.

Probation

In Nebraska, probation for sex crimes offers an alternative to imprisonment, allowing individuals to remain in the community under specific conditions. The probation period varies, generally up to five years for felonies and two years for misdemeanors. Conditions include lawful behavior, family responsibilities, employment, and sometimes jail time, rehabilitation, and electronic monitoring. Fulfilling these conditions can lead to setting aside the conviction, but failure to comply can result in probation revocation and possible imprisonment.

Problem Solving Courts

In Nebraska, problem-solving courts offer post-plea programs for individuals, including those charged with sex crimes, focusing on rehabilitation and reducing recidivism. These courts address issues like substance abuse, mental health, and domestic violence. Specific courts include Adult Drug Court and Veterans Treatment Court, targeting non-violent felony offenders with substance abuse or mental health issues, offering comprehensive rehabilitation programs. Programs like Young Adult Court cater to young non-violent felony offenders, aiming for rehabilitation over punishment. The Lancaster County Pretrial Diversion Programs, including Treatment Diversion and Veterans Diversion, focus on non-violent offenses, offering alternatives to traditional prosecution for eligible individuals, potentially leading to case dismissal.

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How Sex Crimes Are Prosecuted In Nebraska

In Nebraska, sex crimes as misdemeanors begin with a law enforcement investigation, leading to an arrest, summons, or citation. The accused attends a bond hearing and arraignment in county court, where they plead guilty, not guilty, or no contest. A guilty or no contest plea leads to sentencing, while a not guilty plea results in a trial, followed by sentencing if found guilty.

For felonies, the process starts similarly, but after a preliminary hearing in county court, cases move to district court. Here, an “Information” document is filed, followed by an arraignment where the accused pleads. A presentence investigation precedes sentencing post-trial or plea. Acquittal occurs if the individual is found not guilty.

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Nebraska Sex Offender Registry

The Nebraska Sex Offender Registry is based on the principle that sex offenders are likely to commit repeat offenses. Nebraska law requires these individuals to register with local law enforcement to aid in community protection and criminal investigations.

The Nebraska Sex Offender Registry provides details about individuals who have admitted guilt, been convicted, or entered a no contest plea for various offenses. These include the kidnapping of a minor, false imprisonment of a minor, sexual assault, sexual misconduct by school employees, sexual assault of a child, sexual abuse targeting elderly individuals, incest involving a minor, child pornography offenses, child enticement, and the corruption of a minor.

Additionally, the Sex Offender Registration Act covers individuals who have been guilty or entered a no contest plea for serious crimes such as murder, manslaughter, assaults, stalking, kidnapping, false imprisonment, sexual abuse or assault of inmates or parolees, sexual abuse of individuals under legal protection, incest, and child abuse.

Key Aspects of Sex Offender Registration

• Registration Requirements: Offenders in Nebraska must register within three days at a Nebraska State Patrol location or designated law enforcement agency, or before they are released from incarceration. The registration includes comprehensive personal information such as all addresses, employment and school details, phone numbers, vehicles, legal name changes with documentation, travel documents, professional licenses, DNA samples, palm and fingerprints, photos, and physical descriptors like scars, marks, tattoos, and piercings.
• Registration Process: Offenders must report any changes in residence, employment, or school in person at the sheriff’s office using an approved form.
• Duration of Registration: The duration of registration varies based on the severity of the offense. It’s now 15 years for less severe offenses, 25 years for non-aggravated felonies, and lifetime registration for aggravated felonies, repeat offenders, or those having to register for lifetime in other jurisdictions.
• Verification Schedule: Offenders must verify their information in person at the sheriff’s office according to their registration duration: annually for 15-year registrants, bi-annually for 25-year registrants, and quarterly for lifetime registrants.
• Community Notification: All registered sex offenders are posted online. The registry categorizes offenders by their registration duration. The public can subscribe for notifications about specific offenders or by region.
• Penalties for Non-Compliance: Failing to comply with the registration requirements results in a Class IIIA felony. A second violation escalates to a Class IIA felony, requiring a mandatory minimum of one year in prison, unless the original offense was a misdemeanor, in which case it remains a Class IIIA felony.

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Nebraska Sex Offender Restrictions

In Nebraska, the Sex Offender Registration Act does not impose specific restrictions on the daily activities of those who are registered as sex offenders. The law cannot bar sex offenders from participating in events, obtaining certain types of employment, entering specific facilities, or interacting with children and other vulnerable groups. The primary requirement of the Act is that offenders must register and provide necessary information. If an offender fails to register or update their information at the local sheriff’s office within the set timeframe, they face legal penalties. While the state of Nebraska does not impose uniform restrictions on registered sex offenders, it does allow individual cities and counties the discretion to establish their own living regulations for these offenders. Cities or counties can restrict where sex offenders live, such as prohibiting them from residing near schools and daycares.

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Defenses in Sex Crime Cases

• Consent – The consent defense is applicable in cases where the accused person asserts that the alleged victim consented to the sexual activity. Consent must be informed, freely given, and mutually understood. In Nebraska, certain individuals, such as minors under a certain age or individuals who are incapacitated, are legally incapable of giving consent. So, in cases like statutory rape or sexual assault of a child, the consent defense is not viable. However, in other sexual assault cases, if it can be demonstrated that the alleged victim consented to the sexual act, this defense can be used to counter the charges.
• Fabrication or False Accusations – In some cases, the defense may argue that the accusations are fabricated or false. This defense typically requires evidence or testimony that challenges the credibility of the accuser or indicates a motive to lie. Demonstrating inconsistencies in the accuser’s story or presenting evidence that contradicts their account can be pivotal in these defenses.
• Mistake of Age Defense – In some sex crimes, the accused might be able to claim a mistake of age defense. This defense is based on the accused reasonably believing that the minor was above the age of consent at the time of the alleged offense. However, under Nebraska law, this defense is often very limited or not applicable, particularly in cases involving young victims, where the law presumes an inability to consent due to age.
• Alibi Defense – The alibi defense is used when the accused person claims they were not present at the location of the alleged crime at the time it occurred. This defense usually requires corroborative evidence such as witness testimony, surveillance footage, or electronic records to establish the accused’s presence elsewhere, making it impossible for them to have committed the alleged offense.
• Constitutional Violations – This defense involves asserting that the accused’s constitutional rights were violated during the investigation or prosecution of the case. Examples include illegal searches and seizures, lack of Miranda warnings, or coerced confessions. If constitutional violations are proven, the evidence obtained as a result may be deemed inadmissible, potentially weakening the prosecution’s case.
• Physical Evidence Contradicting the Accusation – Physical evidence that contradicts the accusations can be a strong defense. This might include medical records, DNA evidence, or other forensic evidence that does not support the claims made by the alleged victim. Presenting such evidence can cast doubt on the prosecution’s case and support the accused’s innocence.

Each of these defenses, depending on the circumstances of the case, can play an important role in the defense strategy for sex crime charges in Nebraska. The effectiveness of each defense depends on the specific facts and evidence of each case.

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Role of a Nebraska Sex Crime Criminal Defense Attorney

Understanding the Law

A criminal defense attorney experienced in sex crimes in Nebraska plays a major role in understanding the complex laws surrounding such offenses. They provide clarity and insight into the specific charges, including misdemeanors and felonies, and help their clients understand the potential penalties and legal consequences.

Challenging Evidence and Witness Testimony

Defense attorneys critically analyze the evidence and testimony presented by the prosecution. In sex crime cases, this often involves challenging the credibility of witness testimony, scrutinizing the collection and handling of physical evidence, and contesting any procedural errors. An experienced attorney can identify weaknesses in the prosecution’s case, such as inconsistencies in witness statements or flaws in forensic evidence.

Representing in Plea Negotiations

In many sex crime cases, plea negotiations are a critical aspect. A skilled defense attorney can negotiate with prosecutors to potentially reduce charges, lessen penalties, or arrange for alternative sentencing options. This role is particularly important in cases where the evidence against the accused is substantial, and a plea deal may offer a more favorable outcome than a trial.

Pretrial Motions and Pretrial Hearings

The pretrial stage is important for addressing issues like evidence admissibility and constitutional rights violations. At this stage of a criminal case, a defense attorney can challenge the prosecution’s evidence or argue legal and procedural flaws to potentially get the case dismissed. Effective handling of pretrial motions and hearings can significantly influence the case’s outcome, sometimes even leading to its resolution without getting to the trial stage.

Advocating for the Accused at Trial

If a sex crime case goes to trial, the defense attorney is responsible for representing and defending the accused in court. This includes presenting evidence, cross-examining witnesses, and arguing legal points before the judge and jury. The attorney’s experience in court proceedings and understanding of the trial process is essential in providing a robust defense.

Advising on Legal Rights and Options

A critical role of a defense attorney is advising clients on their legal rights and options throughout the criminal justice process. This includes explaining the rights to remain silent, to a fair trial, and to be represented by an attorney. They also guide their clients on the potential outcomes of their case, including the possibility of conviction, penalties, and the impact of a criminal record.

Addressing Collateral Consequences

Sex crime convictions often come with significant collateral consequences, such as sex offender registration, employment difficulties, and social stigma. A defense attorney helps their clients understand these consequences and may work to mitigate them. This can include arguing for reduced charges that carry less severe collateral outcomes.

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Additional Resources

Nebraska Revised Statutes – View the website of the Nebraska Legislature to learn more about specific sex crimes that are prosecuted in the state. Discover what these laws make illegal and the corresponding penalties for violating the laws.

Nebraska Sex Offender Registry – Visit the official website for the Nebraska Sex Offender Registry to learn more about registration requirements and the process of getting registered. Find more information on sex offender registration policy on this site too.

Hotlines – Visit the “Get Help” page of the official website for the Nebraska Coalition to End Sexual and Domestic Violence Code to access hotline numbers that may be relevant to each individual’s circumstances. Hotlines related to rape, domestic abuse, and child abuse are detailed here. This page also contains links to Nebraska resources and a map of resources specific to local regions within the state.

Nebraska Internet Crimes Against Children (ICAC) Task Force – State efforts at combatting various kinds of wrongdoing are often funded by federal dollars. Visit the official website for the U.S. Office of Juvenile Justice and Delinquency Prevention to learn more about funding awards for the Nebraska Internet Crimes Against Children (ICAC) Task Force. This page provides clarity as to what this task force does in Nebraska and how it affects those who are accused of possession, manufacture, and/or distribution of child pornography in the state.

National Association for Rational Sex Offense Laws – The National Association for Rational Sex Offense Laws (NARSOL) is dedicated to creating a society free from public shaming, dehumanizing registries, and unconstitutional laws. Its mission is to oppose and eliminate laws and policies that support dehumanizing registries. NARSOL’s goals include promoting laws targeting harmful acts, advocating for the abolishment of dehumanizing registries, supporting programs that prevent new offenses, and encouraging fair trials and proportional sentencing. The organization works to end discrimination and vigilantism against those accused or convicted of sexual offenses and seeks to rehabilitate and reintegrate former offenders into society.

Alliance for Constitutional Sex Offense Laws – The Alliance for Constitutional Sex Offense Laws (ACSOL) is committed to restoring the civil rights of individuals on public registries and their families by protecting constitutional rights through education, litigation, and influencing legislation. ACSOL believes in informed, reasonable, and research-based approaches to sex offense laws, advocating against one-size-fits-all policies and for punishments that fit the individual crime without wasting resources. The organization contends that public registries and residency restrictions fail to protect and instead unjustly ostracize individuals and their families. ACSOL argues for reallocating funds from punitive measures to more effective avenues like prevention, healing, and rehabilitation.

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Hiring a Defense Attorney for Sex Offenses in Nebraska | Liberty Law Group

At Liberty Law Group, our attorneys are passionate about defending the constitutional rights and liberties of those we represent. Our team provides full-service criminal defense representation throughout every step of criminal case involving allegations and charges for sex offenses. Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County and the surrounding Nebraska counties of Dodge, Washington, Cass, and Saunders. We also practice in the West Iowa communities of Council Bluffs, Pattawattamie, Iowa and surrounding areas of Harrison and Mills counties. If you or a loved one has been charged with a sex offense, contact our firm immediately at (402) 865-0501 to request a free and confidential consultation to discuss the specific facts and circumstances of your case.

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