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The Age of Consent

Neb. Rev. Stat. § 28-319 — sixteen, when the older person is nineteen or older

The younger personThe older personThe charge
The younger personAt least twelve, under sixteenThe older personNineteen or olderThe chargeSexual assault in the first degree, a Class II felony
The younger personAt least twelve, under sixteenThe older personTwenty five or olderThe chargeSexual assault of a child in the first degree, a Class IB felony with a mandatory fifteen years
The younger personUnder twelveThe older personNineteen or olderThe chargeSexual assault of a child in the first degree
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Who handles this in Nebraska: Nebraska State Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Nebraska directory.

The age of the older person is an element the state must prove beyond a reasonable doubt.

Other sexual contact charges and registration are in other sections not covered here. A charge, or the worry of one, is a question for a licensed Nebraska attorney.

Sources for this section (2)
  1. Neb. Rev. Stat. § 28-319 — Sexual assault; first degree; penalty
  2. Neb. Rev. Stat. § 28-319.01 — Sexual assault of a child; first degree; penalty

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.

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