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NEBRASKA : Rape/Molestation Statutes of Limitation

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.

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.

A person commits sexual assault of a child in the first degree if 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.

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 of a child is in the second degree if the actor causes serious personal injury to the victim. Sexual assault of a child is in the third degree if the actor does not cause serious personal injury to the victim.

There is no statute of limitations for first-degree sexual assault and first-degree sexual assault of a child if the person was under 16 years-old age at the time of the assault.

Bob sexually assaults 14-year-old Jane. She is afraid to tell anyone what happened, but eventually feels she should report the crime. Jane has no time limit within which she must seek charges against Bob.

The statute of limitations for all other cases of sexual assault in the first to third degree is 7 years.

Bob sexually assaults Jane, who is 18 years old. As a resident of Nebraska, Jane has 7 years from the date of the incident to seek charges against Bob.

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