Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-318 (2026)

Terms, defined

✓ current as of July 2026
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As used in sections 28-317 to 28-322.07, unless the context otherwise requires:

(1) Actor means a person accused of sexual assault;

(2) Intimate parts means the genital area, groin, inner thighs, buttocks, or breasts;

(3) Past sexual behavior means sexual behavior other than the sexual behavior upon which the sexual assault is alleged;

(4) Serious personal injury means great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ;

(5) Sexual contact means the intentional touching of the victim's sexual or intimate parts or the intentional touching of the victim's clothing covering the immediate area of the victim's sexual or intimate parts. Sexual contact also means the touching by the victim of the actor's sexual or intimate parts or the clothing covering the immediate area of the actor's sexual or intimate parts when such touching is intentionally caused by the actor. Sexual contact includes only such conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party. Sexual contact also includes the touching of a child with the actor's sexual or intimate parts on any part of the child's body for purposes of sexual abuse by a school worker under section 28-316.01 or sexual assault of a child under sections 28-319.01 and 28-320.01;

(6) Sexual penetration means sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor's or victim's body or any object manipulated by the actor into the genital or anal openings of the victim's body which can be reasonably construed as being for nonmedical, nonhealth, or nonlaw enforcement purposes. Sexual penetration shall not require emission of semen;

(7) Victim means the person alleging to have been sexually assaulted;

(8) Without consent means:

(a)(i) The victim was compelled to submit due to the use of force or threat of force or coercion, or (ii) the victim expressed a lack of consent through words, or (iii) the victim expressed a lack of consent through conduct, or (iv) the consent, if any was actually given, was the result of the actor's deception as to the identity of the actor or the nature or purpose of the act on the part of the actor;

(b) The victim need only resist, either verbally or physically, so as to make the victim's refusal to consent genuine and real and so as to reasonably make known to the actor the victim's refusal to consent; and

(c) A victim need not resist verbally or physically where it would be useless or futile to do so; and

(9) Force or threat of force means (a) the use of physical force which overcomes the victim's resistance or (b) the threat of physical force, express or implied, against the victim or a third person that places the victim in fear of death or in fear of serious personal injury to the victim or a third person where the victim reasonably believes that the actor has the present or future ability to execute the threat.

Notes of Decisions
Cited in 231 cases (71 in the last 5 years), 1980–2026 · leading case: State v. McCurdy, 301 Neb. 343 (Neb. 2018).
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State v. McCurdy, 301 Neb. 343 (Neb. 2018). · cites it 27× “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022). · cites it 12× “Under Neb. Rev. Stat. § 28-318 (8)(a)(iv) (Cum.”
State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018). · cites it 4× “Penetration is defined in Neb. Rev. Stat. § 28-318 (6) (Reissue 2016) as sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor's or victim's body or any object manipulated by the actor into…”
State v. Davis, 762 N.W.2d 287 (Neb. 2009). · cites it 6× “[13] § 28-318(2). [14] See § 28-320.01 (Cum.Supp.”
State v. Smith, 302 Neb. 154 (Neb. 2019). · cites it 2× “to "sexual penetration" which is defined under Neb. Rev. Stat. § 28-318 (6) (Reissue 2016) to include, inter alia, "any intrusion, however slight, of any part of the actor's or victim's body or any object manipulated by the actor into the genital or anal openings of the victim's…”
State v. Ratumaimuri, 299 Neb. 887 (Neb. 2018). · cites it 2× “6 Section 29-4003(1)(b)(i)(B) sets out the requirements to bring an offense that is not inherently sexual within SORA, stating that "[i]n order for [SORA] to apply to the [listed not inherently sexual offenses], a court shall have found that evidence of sexual penetration or…”
State v. Thomas, 303 Neb. 964 (Neb. 2019). · cites it 2× “This is in contrast to other statutes defining sex offenses, such as offenses requiring a finding of "[s]exual contact," which is defined in Neb. Rev. Stat. § 28-318 (5) (Reissue 2016) to "include only such conduct which can be reasonably construed as being for the purpose of…”
State v. Newman, 838 N.W.2d 317 (Neb. Ct. App. 2013). · cites it 7× “Neb. Rev. Stat. § 28-318 (6) (Reissue 2008) defines sexual penetra- tion as meaning sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor’s or victim’s body or any object manipulated by the…”
Maria A. on behalf of Leslie G. v. Oscar G., 301 Neb. 673 (Neb. 2018). · cites it 2× “The present incarceration of the person making the threat shall not prevent the threat from being deemed a credible threat under this section; or (c) Engaging in sexual contact or sexual penetration without consent as defined in section 28-318. Section 42-924(1) states that upon…”
State v. Brown, 405 N.W.2d 600 (Neb. 1987). · cites it 7× “As a definitional section for the statutes pertaining to sexual assault, Neb. Rev. Stat. § 28-318 (6) (Reissue 1985) provides in part: “Sexual penetration shall mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however…”
State v. Bershon, 983 N.W.2d 490 (Neb. 2023). · cites it 5× “We noted in McCurdy that “[w]ithout consent” is defined in Neb. Rev. Stat. § 28-318 (8)(a) (Reissue 2016) to mean that (i) [t]he victim was compelled to submit due to the use of force or threat of force or coercion, or (ii) the victim expressed a lack of consent through words,…”
D.W. v. A.G., 926 N.W.2d 651 (Neb. 2019). · cites it 2× “01 or an attempt to commit any of such offenses; or (b) Subjecting or attempting to subject another person to sexual contact or sexual penetration without his or her consent, as such terms are defined in section 28-318. Neb. Rev. Stat. § 28-319 (1) (Reissue 2016) states that…”
Show all 231 citing cases →
— Neb. Rev. Stat. § 28-318(1) — 1 case
State v. Cook, 463 N.W.2d 573 (Neb. 1990).
— Neb. Rev. Stat. § 28-318(2) — 24 cases
State v. Davis, 762 N.W.2d 287 (Neb. 2009). “[13] § 28-318(2). [14] See § 28-320.01 (Cum.Supp.”
State v. Samayoa, 292 Neb. 334 (Neb. 2015).
State v. Andersen, 468 N.W.2d 617 (Neb. 1991).
State v. Gonzales, 366 N.W.2d 775 (Neb. 1985).
S.B. v. Pfeifler, 26 Neb. Ct. App. 448 (Neb. Ct. App. 2018).
— Neb. Rev. Stat. § 28-318(3) — 1 case
State v. Schwartz, 366 N.W.2d 766 (Neb. 1985).
— Neb. Rev. Stat. § 28-318(4) — 4 cases
State v. Beermann, 436 N.W.2d 499 (Neb. 1989).
State v. Bunner, 453 N.W.2d 97 (Neb. 1990).
State v. Gonzales, 366 N.W.2d 775 (Neb. 1985).
State v. Gaspar-Antonio (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-318(5) — 38 cases
State v. Davis, 762 N.W.2d 287 (Neb. 2009). “[13] § 28-318(2). [14] See § 28-320.01 (Cum.Supp.”
State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018). “Penetration is defined in Neb. Rev. Stat. § 28-318 (6) (Reissue 2016) as sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor's or victim's body or any object manipulated by the actor into…”
State v. Brown, 405 N.W.2d 600 (Neb. 1987). “As a definitional section for the statutes pertaining to sexual assault, Neb. Rev. Stat. § 28-318 (6) (Reissue 1985) provides in part: “Sexual penetration shall mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however…”
State v. Piskorski, 357 N.W.2d 206 (Neb. 1984).
State v. Samayoa, 292 Neb. 334 (Neb. 2015).
— Neb. Rev. Stat. § 28-318(6) — 25 cases
State v. Newman, 838 N.W.2d 317 (Neb. Ct. App. 2013). “Neb. Rev. Stat. § 28-318 (6) (Reissue 2008) defines sexual penetra- tion as meaning sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor’s or victim’s body or any object manipulated by the…”
State v. Davis, 762 N.W.2d 287 (Neb. 2009). “[13] § 28-318(2). [14] See § 28-320.01 (Cum.Supp.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022). “Under Neb. Rev. Stat. § 28-318 (8)(a)(iv) (Cum.”
State v. Brown, 405 N.W.2d 600 (Neb. 1987). “As a definitional section for the statutes pertaining to sexual assault, Neb. Rev. Stat. § 28-318 (6) (Reissue 1985) provides in part: “Sexual penetration shall mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however…”
State v. Stephens, 466 N.W.2d 781 (Neb. 1991).
— Neb. Rev. Stat. § 28-318(8) — 15 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Van, 688 N.W.2d 600 (Neb. 2004).
State v. Mielak, 33 Neb. Ct. App. 309 (Neb. Ct. App. 2025).
State v. Mielak, 321 Neb. 542 (Neb. 2026).
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
— Neb. Rev. Stat. § 28-318(8)(a) — 9 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Hilding, 769 N.W.2d 326 (Neb. 2009).
State v. Mielak, 33 Neb. Ct. App. 309 (Neb. Ct. App. 2025).
State v. Mielak, 321 Neb. 542 (Neb. 2026).
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
— Neb. Rev. Stat. § 28-318(8)(a)(i) — 8 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Bershon, 983 N.W.2d 490 (Neb. 2023). “We noted in McCurdy that “[w]ithout consent” is defined in Neb. Rev. Stat. § 28-318 (8)(a) (Reissue 2016) to mean that (i) [t]he victim was compelled to submit due to the use of force or threat of force or coercion, or (ii) the victim expressed a lack of consent through words,…”
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
State v. Kandler (Neb. Ct. App. 2020).
State v. Belina (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-318(8)(a)(ii) — 8 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Gangahar, 609 N.W.2d 690 (Neb. Ct. App. 2000).
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
State v. Kandler (Neb. Ct. App. 2020).
Belina v. Belina (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-318(8)(a)(iii) — 3 cases
State v. Mielak, 321 Neb. 542 (Neb. 2026).
Belina v. Belina (Neb. Ct. App. 2025).
Belina v. Belina (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-318(8)(a)(iv) — 6 cases
State v. Anders, 977 N.W.2d 234 (Neb. 2022). “Under Neb. Rev. Stat. § 28-318 (8)(a)(iv) (Cum.”
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Prado, 30 Neb. Ct. App. 223 (Neb. Ct. App. 2021).
State v. Prado, 30 Neb. Ct. App. 223 (Neb. Ct. App. 2021).
State v. Kandler (Neb. Ct. App. 2020).
— Neb. Rev. Stat. § 28-318(8)(b) — 5 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. Mielak, 33 Neb. Ct. App. 309 (Neb. Ct. App. 2025).
State v. Gangahar, 609 N.W.2d 690 (Neb. Ct. App. 2000).
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
In re Interest of Michael R. (Neb. Ct. App. 2019).
— Neb. Rev. Stat. § 28-318(8)(c) — 5 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. McCurdy, 25 Neb. Ct. App. 486 (Neb. Ct. App. 2018).
State v. McCurdy, 25 Neb. Ct. App. 486 (Neb. Ct. App. 2018).
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
In re Interest of Michael R. (Neb. Ct. App. 2019).
— Neb. Rev. Stat. § 28-318(9) — 5 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “Within Nebraska's sexual assault statutes, Neb. Rev. Stat. § 28-318 (Reissue 2016) provides definitions for terms used in § 28-319 and related statutes.”
State v. McCurdy, 301 Neb. 343 (Neb. 2018).
State v. Foltz (Neb. Ct. App. 2014).
K.J. v. Stewart (Neb. Ct. App. 2022).
State v. Belina (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-318(a) — 1 case
State v. Bogard (Neb. Ct. App. 2023).
— Neb. Rev. Stat. § 28-318(a)(i) — 1 case
State v. Belina (Neb. Ct. App. 2025).
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