In Nebraska, the sexual abuse of a child is a grave offense. Those accused of sexual abuse of a child risk imprisonment and permanent damage to their personal and professional lives.
In the following article, Liberty Law Group explains child sexual abuse laws in Nebraska, penalties for conviction, and how a criminal defense attorney can protect a defendant’s rights in these challenging circumstances.
Omaha Child Sexual Abuse Defense Lawyers
It is vital for anyone accused of this crime to fully understand what they’re up against — the legal stakes, the potential penalties, and what defenses might be available to them. A conviction this severe must be handled by an experienced legal team, and the attorneys at Liberty Law Firm are more than capable of defending your case.
Liberty Law Group has a history of success in criminal defense and can assist clients wrongfully accused of the sexual abuse of a child. If you are facing such a charge, contact the lawyers at Liberty Law Group at (402) 865-0501 to request a free consultation.
Information Center
- What is Child Sexual Abuse?
- What is First-Degree Sexual Assault of a Child?
- What Is Second-Degree / Third-Degree Sexual Assault of a Child?
- What Are Potential Defenses in Child Sexual Abuse Cases?
- Can Sexual Abuse Criminal Defense Lawyers Help?
- Additional Resources
What is Child Sexual Abuse?
Under Nebraska Revised Statute 28-707, child sexual abuse is defined as any act that places a minor in situations of sexual exploitation or abuse, including sex trafficking, debauchery, public indecency, or involvement in pornographic photography, films, or depictions.
To convict you of any form of child abuse, your prosecutor needs to prove that you were knowingly, intentionally, or negligently at fault for putting a child in a situation where abuse was likely. The penalties for child abuse in Nebraska depend on specific conditions:
| Condition | Conviction | Penalty |
| · Committed negligently
· No serious bodily injury · No death |
Class I Misdemeanor | · Confinement up to 1 year
· Fine up to $1000 |
| · Committed knowingly & intentionally
· No serious bodily injury · No death |
Class IIIA Felony | · Confinement up to 3 years
· 18 months post-release supervision · Fine up to $10,000 |
| · Committed negligently
· Serious bodily injury · No death |
Class IIIA felony | · Confinement up to 3 years
· 18 months post-release supervision · Fine up to $10,000 |
| · Committed negligently
· Death |
Class IIA Felony | · Confinement up to 20 years |
| · Committed knowingly & intentionally
· Serious bodily injury · No death |
Class II Felony | · Confinement of 1 – 50 years |
| · Committed knowingly & intentionally
· Death |
Class IB Felony | · Confinement of 20 years – LIFE |
What is First-Degree Sexual Assault of a Child?
Child abuse accusations may include sexual assault accusations. As defined by Nebraska Revised Statute 28-319.01, sexual assault of a child in the first degree occurs if:
- An adult at least 19 years old subjects a child under 12 years of age to sexual penetration
- An adult at least 25 years old subjects a child at least 12 years old but less than 16 years old to sexual penetration
A first-degree sexual assault of a child is Class IB felony. A first-time offender faces a mandatory minimum of 15 years in prison, and repeat offenders face a mandatory minimum of 25 years in prison. The law makes no provision for probation or parole until the mandatory minimum sentence is served.
What Is Second-Degree / Third-Degree Sexual Assault of a Child?
As defined by Nebraska Revised Statute 28-320.01, sexual assault of a child in the second or third degree occurs if an adult at least 19 years old engages in sexual contact with a child aged 14 or younger. Subjecting a child to “sexual contact” involves some form of intentional touching that was meant to arouse or gratify sexual desires. It is not necessary for the contact to involve force or violence.
Penalties differ between second- or third-degree offenses. If the offender causes serious injury to the victim, it is considered a second-degree offense. Without serious injury, it is considered a third-degree offense. Penalties also depend on prior convictions:
| Condition | Conviction | Penalty |
| · First offense
· Serious injury – 2nd degree |
Class II Felony | · Confinement of 1 – 50 years |
| · First offense
· No injury – 3rd degree |
Class IIIA Felony | · Confinement up to 3 years
· 18 months post-release supervision · Fine up to $10,000 |
| · Repeat offender
· Serious injury – 2nd degree |
Class IC Felony w/ 25 Mandatory Minimum Prison Term | · Confinement of 25 – 50 years |
| · Repeat offender
· No injury – 3rd degree |
Class IC Felony | · Confinement of 5 – 50 years |
What Are Potential Defenses in Child Sexual Abuse Cases?
One common defense is lack of intent, arguing that you did not knowingly or intentionally place the child in a harmful situation. Another defense is mistaken identity, which contends that you were wrongly identified as the perpetrator. False accusations can also be a defense, suggesting that the allegations were fabricated, possibly due to personal vendettas or misunderstandings. Lastly, presenting evidence of improper investigation or procedural errors by law enforcement can undermine the prosecution’s case.
Each defense depends on the specifics of the situation and the available evidence.
Can Sexual Abuse Criminal Defense Lawyers Help?
A criminal defense lawyer reviews the evidence and advises you on what to expect during the legal process, including possible penalties if convicted. The lawyer, then, investigates the facts, interviewing witnesses, and gathering any evidence that can support your case.
Additionally, the lawyer represents you in court, speaking on your behalf, and challenging the prosecution’s evidence and arguments. They file necessary motions and work to protect your rights throughout the trial. They also negotiate with the prosecution for possible plea deals or reduced charges.
By guiding you through each step of the process, the lawyer aims to achieve the best possible outcome in a difficult and complex situation.
Resources
Nebraska Child Sexual Assault Laws
Nebraska’s laws identify what constitutes child sexual assault. For example, they specify that sexual penetration with a child under twelve by an adult over nineteen, or with a child between twelve and sixteen by an adult over twenty-five, constitutes first-degree sexual assault. Convictions carry heavy mandatory minimum sentences.
State Laws on Reporting Child Abuse
The Nebraska Department of Health and Human Services requires that anyone who suspects child abuse or neglect must report it. The law aims to safeguard children by ensuring reports are handled confidentially through a hotline. The department provides resources and support during the investigation process.
Pillen Vetoes Nebraska Child Sexual Assault and Abuse Proposal
Governor Jim Pillen vetoed a bill that would have allowed new lawsuits against school districts for failing to act on suspected child sexual assault or abuse claims. The veto reflects concerns about legal implications and increased taxpayer costs.
Abuse and Neglect Central Registry
Nebraska maintains a Central Registry of individuals found responsible for child or vulnerable adult abuse and neglect. Managed by the Department of Health and Human Services, the registry serves as a tool for ensuring safety and protection within the community, providing a means to track and prevent instances of abuse.
Child Sexual Abuse Defense Lawyers Omaha
Liberty Law Group is dedicated to providing professional, trustworthy, and personalized legal services to those accused of child sexual abusea. We understand the stakes of your case and are committed to crafting a defense to best serve your individual needs.
Our firm proudly represents the residents of Omaha in Douglas County, Lincoln in Lancaster County, NE, Council Bluffs in Pottawattamie County, IA and throughout the surrounding communities of Nebraska and Western Iowa.
Call our firm immediately at (402) 865-0501 to request a free consultation.
