Prostitution, the act of engaging in sexual activities for compensation, can lead to serious legal consequences if one is convicted in Nebraska. Liberty Law Group provides the following overview of what constitutes prostitution in the state, including defenses, penalties, and the role of a prostitution lawyer in representing clients charged with this offense.

Omaha Prostitution Defense Lawyer

With a proven track record in navigating complex legal landscapes, the attorneys at Libert Law Firm combine strategic expertise with a deep understanding of legal nuances surrounding prostitution charges. Our dedicated team employs a tailored approach, leveraging extensive experience to craft innovative defense strategies.

If you or a loved one has been charged with, or are under investigation for, prostitution, then call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.

Prostitution in Nebraska

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What is Prostitution in Nebraska?

In Nebraska, prostitution is defined in Nebraska Revised Statute 28-801. According to this law, prostitution means any person who offers, performs, or agrees to perform any act of sexual contact or sexual penetration with any person who is not their spouse, in exchange for money or something else of value.

The terms “sexual contact” and “sexual penetration” are important for understanding the scope of this law, as they define the physical acts involved in prostitution. According to Nebraska Revised Statute 28-318, sexual contact is intentional touching of either the victim’s or the actor’s private parts, or the clothing covering these areas, when this type of touching is for the purpose of sexual arousal or gratification. Sexual penetration, on the other hand, means sexual intercourse, fellatio, cunnilingus, anal intercourse, and the slightest intrusion of any part of the body or any object into the openings of the victim’s body for non-medical, non-health, or non-law enforcement purposes.

Nebraska law does not differentiate between the person offering sexual services and the person receiving them. This means that under Nebraska law, both individuals can be charged.

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What are the Consequences for Prostitution in Nebraska?

The consequences for prostitution in Nebraska vary depending on the individual’s prior convictions. As outlined in Nebraska Revised Statute 28-801, for a first-time offense or with one prior conviction, the individual faces a Class II misdemeanor. The possible penalties include up to 6 months in jail and/or a fine of up to $1,000. If placed on probation, the person is required to complete a mental health and substance abuse assessment by a licensed professional. If the individual has two or more prior convictions, they face a Class I misdemeanor. The punishment can be up to 1 year in jail and/or a fine of up to $1,000. Probation conditions still include completion of a mental health and substance abuse assessment.

For solicitation of prostitution under Nebraska Revised Statute 28-801.01, the individual faces a Class I misdemeanor and must pay a fine of at least $250 if it is their first offense. A Class I misdemeanor is typically punishable by up to one year in jail. The court may impose probation conditions, including attending an educational program about the impact of prostitution, mental health assessment, and a fine. A repeat offender faces a Class IV felony, with a fine of $500. A Class IV felony is punishable by 0-2 years in prison followed by 9-12 months of post-release supervision. Probation conditions are similar to the first offense.

Also, the state offers post-plea and pre-plea programs aimed at rehabilitation and reducing recidivism, particularly for non-violent offenders or those with specific issues like substance abuse or mental health challenges. Those who are charged with prostitution may be eligible for pre-plea programs, including Veterans Diversion Program, Intensive Supervision Diversion, Mental Health Diversion, and the General Diversion Program, as well as post-plea programs, including Adult Drug Court and Veterans Treatment Court. Completing these programs enables the individual’s case to be dismissed and for the individual to avoid having a criminal record.

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What are Some Defenses to Prostitution in Nebraska?

In Nebraska, individuals charged with prostitution have specific legal defenses available under the state’s statutes. One primary defense is the affirmative defense for trafficking victims. This defense is applicable if the person can demonstrate that they were engaged in prostitution as a direct result of being a victim of trafficking.

Another critical defense pertains to the age of the individual involved. Nebraska law explicitly provides immunity from prosecution for prostitution offenses to persons who are under eighteen years of age.

A mistake of fact defense can be used if the accused genuinely believed that no money or other thing of value was being exchanged for sexual acts. If this misunderstanding can be reasonably proven, it might be used as a defense.

Entrapment is where police cause a person to commit a crime they would not have committed without police involvement. If an individual can demonstrate that they were enticed into committing the act of prostitution by law enforcement, this could serve as a defense.

Finally, a fundamental defense in any criminal case is the lack of sufficient evidence to prove guilt beyond a reasonable doubt. If the prosecution cannot establish that an exchange of money or other thing of value for sexual acts occurred, this defense could be effective.

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How Can a Criminal Defense Lawyer Help a Defendant in a Prostitution Case?

A criminal defense lawyer in Nebraska can help someone charged with prostitution or other sex offenses by providing legal representation and guidance throughout the legal process. The lawyer can evaluate the client’s case, identify applicable defenses, and advise on the best course of action. They can negotiate with prosecutors, potentially reducing charges or penalties, and represent the client in court. The lawyer also ensures that the client’s rights are protected and that they receive a fair trial. Their role is to manage the legal system effectively, making sure the client understands their options and the potential outcomes of their case.

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Additional Resources

Nebraska: Solicitation of Prostitution Statute – Visit the official website of the Nebraska Legislature to learn more about the criminal offense of solicitation of prostitution. There, individuals can review each of the elements that the state must prove to secure a conviction. Find more information on an affirmative defense opportunity under state law as well.

Community Resources – Visit the official website for the Community Justice Center in Nebraska to better understand what resources are available to those who have been recently incarcerated and others in need of community services. Access the site to learn about services ranging from education to housing. Find more information on localized and statewide services.

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Find a prostitution defense lawyer in Nebraska

Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County, and Council Bluffs in Pottawatomie County, Iowa, and the surrounding areas. If you or a loved one has been charged or is under investigation for prostitution, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.