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

Neb. Rev. Stat. § 28-319.01 (2026)

Sexual assault of a child; first degree; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) 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.

(2) Sexual assault of a child in the first degree is a Class IB felony with a mandatory minimum sentence of fifteen years in prison for the first offense.

(3) Any person who is found guilty of sexual assault of a child in the first degree under this section and who has previously been convicted (a) under this section, (b) under section 28-319 of first degree or attempted first degree sexual assault, (c) under section 28-320.01 before July 14, 2006, of sexual assault of a child or attempted sexual assault of a child, (d) under section 28-320.01 on or after July 14, 2006, of sexual assault of a child in the second or third degree or attempted sexual assault of a child in the second or third degree, or (e) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-320.01 as it existed before, on, or after July 14, 2006, shall be guilty of a Class IB felony with a mandatory minimum sentence of twenty-five years in prison.

(4) In any prosecution under this section, the age of the actor shall be an essential element of the offense that must be proved beyond a reasonable doubt.

Notes of Decisions
Cited in 168 cases (58 in the last 5 years), 2008–2026 · leading case: State v. Hibler, 923 N.W.2d 398 (Neb. 2019).
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State v. Hibler, 923 N.W.2d 398 (Neb. 2019). · cites it 60× “We conclude that the age classifications defining sexual assault of a child in § 28-319.”
State v. Swindle, 915 N.W.2d 795 (Neb. 2018). · cites it 8× “TRIAL AND SENTENCES After a 7-day trial, the jury found Swindle guilty on counts 1 and 2: sexual assault of a child in the first degree, in violation of Neb. Rev. Stat. §§ 28-319.01 (1)(b) and (2) (Reissue 2016), each a Class IB felony; count 3: sex trafficking of a victim under…”
State v. Stone, 902 N.W.2d 197 (Neb. 2017). · cites it 18× “1 See Neb. Rev. Stat. § 28-319.01 (Reissue 2016).”
State v. Russell, 863 N.W.2d 813 (Neb. 2015). · cites it 20× “The mandatory minimum required by Neb. Rev. Stat. § 28-319.01 (2) (Cum. Supp.”
State v. Smith, 873 N.W.2d 169 (Neb. 2016). · cites it 8× “For purposes of Neb. Rev. Stat. §§ 28-319.01 (Cum. Supp. 2014) and 28-320.”
State v. Gibson, 925 N.W.2d 678 (Neb. 2019). · cites it 5× “NATURE OF CASE The defendant was convicted of attempted sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (1)(b) (Reissue 2016).”
State v. Smith, 922 N.W.2d 444 (Neb. 2019). · cites it 4× “The State originally charged Smith with four counts of first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (1)(b) (Reissue 2016) and four counts of felony child abuse in violation of Neb.”
State v. Lantz, 861 N.W.2d 728 (Neb. 2015). · cites it 9× “Counts I and II were to run consecutively, whereas count III was to be served concurrently.”
State v. Samayoa, 873 N.W.2d 449 (Neb. 2015). · cites it 10× “The crime of first degree sexual assault of a child at least 12 years of age but less than 16 years of age is defined by Neb. Rev. Stat. § 28-319.01 (1) (Cum. Supp.”
State v. Tucker, 920 N.W.2d 680 (Neb. 2018). · cites it 2× “The State charged Tucker with one count of first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (2) (Reissue 2016) and two counts of incest with a person under 18 years of age in violation of *684 Neb.”
State v. Gibson, 921 N.W.2d 161 (Neb. Ct. App. 2018). · cites it 4× “See Neb. Rev. Stat. § 28-319.01 (Reissue 2016).”
State v. Wood, 966 N.W.2d 825 (Neb. 2021). · cites it 3× “Due to laboratory delays in DNA testing, trial was continued to August 3, 2020, with a pretrial conference set for July 2. The DNA test results became available to the defense on June 8.”
Show all 168 citing cases →
Neb. Rev. Stat. § 28-319.01(1): 11 cases
State v. Swindle, 915 N.W.2d 795 (Neb. 2018). “TRIAL AND SENTENCES After a 7-day trial, the jury found Swindle guilty on counts 1 and 2: sexual assault of a child in the first degree, in violation of Neb. Rev. Stat. §§ 28-319.01 (1)(b) and (2) (Reissue 2016), each a Class IB felony; count 3: sex trafficking of a victim under…”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014).
State v. Gibson, 921 N.W.2d 161 (Neb. Ct. App. 2018). “See Neb. Rev. Stat. § 28-319.01 (Reissue 2016).”
State v. Samayoa, 873 N.W.2d 449 (Neb. 2015). “The crime of first degree sexual assault of a child at least 12 years of age but less than 16 years of age is defined by Neb. Rev. Stat. § 28-319.01 (1) (Cum. Supp.”
State v. Bazaldua, No. A-16-422 (Neb. Ct. App. Feb. 7, 2017).
Neb. Rev. Stat. § 28-319.01(1)(a): 15 cases
State v. Hibler, 923 N.W.2d 398 (Neb. 2019). “We conclude that the age classifications defining sexual assault of a child in § 28-319.”
State v. Canaday, 949 N.W.2d 348 (Neb. 2020).
State v. Hagens, 26 N.W.3d 174 (Neb. 2025).
In re Interest of Steven V., 14 N.W.3d 18 (Neb. Ct. App. 2024).
State v. Hibler, 302 Neb. 325 (Neb. 2019).
Neb. Rev. Stat. § 28-319.01(1)(b): 23 cases
State v. Gibson, 925 N.W.2d 678 (Neb. 2019). “NATURE OF CASE The defendant was convicted of attempted sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (1)(b) (Reissue 2016).”
State v. Hibler, 923 N.W.2d 398 (Neb. 2019). “We conclude that the age classifications defining sexual assault of a child in § 28-319.”
State v. Stone, 902 N.W.2d 197 (Neb. 2017). “1 See Neb. Rev. Stat. § 28-319.01 (Reissue 2016).”
State v. Smith, 922 N.W.2d 444 (Neb. 2019). “The State originally charged Smith with four counts of first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (1)(b) (Reissue 2016) and four counts of felony child abuse in violation of Neb.”
State v. Knutson, 852 N.W.2d 307 (Neb. 2014).
Neb. Rev. Stat. § 28-319.01(2): 45 cases
State v. Hibler, 923 N.W.2d 398 (Neb. 2019). “We conclude that the age classifications defining sexual assault of a child in § 28-319.”
State v. Russell, 863 N.W.2d 813 (Neb. 2015). “The mandatory minimum required by Neb. Rev. Stat. § 28-319.01 (2) (Cum. Supp.”
State v. Stone, 902 N.W.2d 197 (Neb. 2017). “1 See Neb. Rev. Stat. § 28-319.01 (Reissue 2016).”
State v. Smith, 922 N.W.2d 444 (Neb. 2019). “The State originally charged Smith with four counts of first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (1)(b) (Reissue 2016) and four counts of felony child abuse in violation of Neb.”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016).
Neb. Rev. Stat. § 28-319.01(3): 5 cases
State v. Smith, 873 N.W.2d 169 (Neb. 2016). “For purposes of Neb. Rev. Stat. §§ 28-319.01 (Cum. Supp. 2014) and 28-320.”
State v. Samayoa, 873 N.W.2d 449 (Neb. 2015). “The crime of first degree sexual assault of a child at least 12 years of age but less than 16 years of age is defined by Neb. Rev. Stat. § 28-319.01 (1) (Cum. Supp.”
State v. Russell, 863 N.W.2d 813 (Neb. 2015). “The mandatory minimum required by Neb. Rev. Stat. § 28-319.01 (2) (Cum. Supp.”
State v. Smith, No. A-13-583 (Neb. Ct. App. Feb. 18, 2014).
State v. Nelson, No. A-24-406 (Neb. Ct. App. Mar. 4, 2025).
Neb. Rev. Stat. § 28-319.01(4): 2 cases
State v. Swindle, 915 N.W.2d 795 (Neb. 2018). “TRIAL AND SENTENCES After a 7-day trial, the jury found Swindle guilty on counts 1 and 2: sexual assault of a child in the first degree, in violation of Neb. Rev. Stat. §§ 28-319.01 (1)(b) and (2) (Reissue 2016), each a Class IB felony; count 3: sex trafficking of a victim under…”
State v. Swindle, 300 Neb. 734 (Neb. 2018).
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