| Sexual Assault |
1. Any person who subjects another person to
sexual penetration (a) without the consent of the
victim, (b) who knew or should have known that
the victim was mentally or physically incapable
of resisting or appraising the nature of his or her
conduct, or (c) when the actor is nineteen years
of age or older and the victim is at least twelve
but less than sixteen years of age is guilty of
sexual assault in the first degree
2. A person commits sexual assault of a child
in the first degree:
(a) When he or she subjects another person
under twelve years of age to sexual penetration
and the actor is at least nineteen years of age
or older; or
(b) When he or she subjects another person
who is at least twelve years of age but less than
sixteen years of age to sexual penetration and
the actor is twenty-five years of age or older.
3. Any person who subjects another person to
sexual contact (a) without consent of the victim,
or (b) who knew or should have known that the
victim was physically or mentally incapable of
resisting or appraising the nature of his or her
conduct is guilty of sexual assault in either the
second degree or third degree.
4. A person commits sexual assault of a child
in the second or third degree if he or she
subjects another person fourteen years of age
or younger to sexual contact and the actor is at
least nineteen years of age or older.
Sexual assault; use of electronic
communication device
5. No person shall knowingly solicit, coax,
entice, or lure (a) a child sixteen years of age or
younger or (b) a peace officer who is believed
by such person to be a child sixteen years of
age or younger, by means of an electronic
communication device as that term is defined in
section 28-833, to engage in an act which would
be in violation of section 28-319, 28-319.01, or
28-320.01 or subsection (1) or (2) of section
28-320.
sexual penetration (a) without the consent of the
victim, (b) who knew or should have known that
the victim was mentally or physically incapable
of resisting or appraising the nature of his or her
conduct, or (c) when the actor is nineteen years
of age or older and the victim is at least twelve
but less than sixteen years of age is guilty of
sexual assault in the first degree
2. A person commits sexual assault of a child
in the first degree:
(a) When he or she subjects another person
under twelve years of age to sexual penetration
and the actor is at least nineteen years of age
or older; or
(b) When he or she subjects another person
who is at least twelve years of age but less than
sixteen years of age to sexual penetration and
the actor is twenty-five years of age or older.
3. Any person who subjects another person to
sexual contact (a) without consent of the victim,
or (b) who knew or should have known that the
victim was physically or mentally incapable of
resisting or appraising the nature of his or her
conduct is guilty of sexual assault in either the
second degree or third degree.
4. A person commits sexual assault of a child
in the second or third degree if he or she
subjects another person fourteen years of age
or younger to sexual contact and the actor is at
least nineteen years of age or older.
Sexual assault; use of electronic
communication device
5. No person shall knowingly solicit, coax,
entice, or lure (a) a child sixteen years of age or
younger or (b) a peace officer who is believed
by such person to be a child sixteen years of
age or younger, by means of an electronic
communication device as that term is defined in
section 28-833, to engage in an act which would
be in violation of section 28-319, 28-319.01, or
28-320.01 or subsection (1) or (2) of section
28-320.
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| Law Office of William J. O'Brien 4848 South 120th Street Omaha, Nebraska 68137 (402) 201-8581 |