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

Neb. Rev. Stat. § 28-319 (2026)

Sexual assault; first degree; penalty

✓ current as of July 2026
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(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) Sexual assault in the first degree is a Class II felony. The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence.

(3) Any person who is found guilty of sexual assault in the first degree for a second time when the first conviction was pursuant to this section or any other state or federal law with essentially the same elements as this section shall be sentenced to a mandatory minimum term of twenty-five years in prison.

Notes of Decisions
Cited in 390 cases (75 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 15× “The first degree sexual assault statute, **352 *299 Neb. Rev. Stat. § 28-319 (1)(a), (b), and (c) (Reissue 2016), sets forth three ways in which one could be found guilty of the offense.”
State v. Dady, 304 Neb. 649 (Neb. 2019). · cites it 29× “Under Neb. Rev. Stat. § 28-319 (1)(b) (Reissue 2016), whether the victim was incapable of consent depends upon a specific inquiry into the victim’s capacity, i.”
State v. K.M. (In Re Interest K.M.), 299 Neb. 636 (Neb. 2018). · cites it 11× “Neb. Rev. Stat. § 28-319 (1)(b) (Reissue 2016).”
State v. Rossbach, 650 N.W.2d 242 (Neb. 2002). · cites it 19× “Rossbach, with two counts of first degree sexual assault pursuant to Neb. Rev. Stat. § 28-319 (l)(b) (Reissue 1995).”
State v. Collins, 583 N.W.2d 341 (Neb. Ct. App. 1998). · cites it 22× “PROCEDURAL BACKGROUND On August 1, 1996, Collins was charged in the county court for Douglas County, and on August 29, 1996, an information was filed against Collins in the Douglas County District Court, charging him under Neb. Rev. Stat. § 28-319 (l)(b) and (c) (Reissue 1995)…”
State v. Hibler, 302 Neb. 325 (Neb. 2019). · cites it 6× “01 to first degree sexual assault under § 28-319(1)(c), the latter of which does not carry a mandatory minimum sentence.”
State v. Rung, 774 N.W.2d 621 (Neb. 2009). · cites it 13× “02, to persons who violate the sexual assault statutes, Neb. Rev. Stat. §§ 28-319 , 28-319.01, and 28-320.”
State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018). · cites it 6× “The felony alleged was first degree sexual assault as described in Neb. Rev. Stat. § 28-319 (Reissue 2016). The petition alleged that Jordan committed such acts on or between January 25 and November 8, 2016.”
State v. Archie, 733 N.W.2d 513 (Neb. 2007). · cites it 7× “Based on our review of the record, we conclude that the district court did not abuse its discretion in sentencing Archie, and we reject his final assignment of error. CONCLUSION For the foregoing reasons, we find no merit to Archie’s assignments of error.”
Reavis v. Solminski, 551 N.W.2d 528 (Neb. 1996). · cites it 14× “Neb.Rev. Stat. §§ 28-319 and 28-320 (Reissue 1995).”
Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019). · cites it 4× “ovided in the Nebraska Indian Child Welfare Act, if a child is conceived by the victim of a sexual assault, a petition for termination of parental rights of the perpetrator shall be granted if such termination is in the best interests of the child and (a) the perpetrator has…”
State v. Burdette, 611 N.W.2d 615 (Neb. 2000). · cites it 16× “ASSIGNMENTS OF ERROR Burdette assigns error to the district court’s (1) admission of evidence of the 1982 sexual assaults committed by Burdette; (2) admission of evidence of statements Burdette made to Pankonin on October 27, 1998; and (3) sentencing Burdette as a habitual…”
Show all 390 citing cases →
— Neb. Rev. Stat. § 28-319(1) — 47 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “The first degree sexual assault statute, **352 *299 Neb. Rev. Stat. § 28-319 (1)(a), (b), and (c) (Reissue 2016), sets forth three ways in which one could be found guilty of the offense.”
State v. Rossbach, 650 N.W.2d 242 (Neb. 2002). “Rossbach, with two counts of first degree sexual assault pursuant to Neb. Rev. Stat. § 28-319 (l)(b) (Reissue 1995).”
State v. Anders, 977 N.W.2d 234 (Neb. 2022).
State v. Archie, 733 N.W.2d 513 (Neb. 2007). “Based on our review of the record, we conclude that the district court did not abuse its discretion in sentencing Archie, and we reject his final assignment of error. CONCLUSION For the foregoing reasons, we find no merit to Archie’s assignments of error.”
State v. Payan, 765 N.W.2d 192 (Neb. 2009).
— Neb. Rev. Stat. § 28-319(1)(C) — 1 case
State v. Pineda (Neb. Ct. App. 2016).
— Neb. Rev. Stat. § 28-319(1)(a) — 31 cases
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “The first degree sexual assault statute, **352 *299 Neb. Rev. Stat. § 28-319 (1)(a), (b), and (c) (Reissue 2016), sets forth three ways in which one could be found guilty of the offense.”
State v. K.M. (In Re Interest K.M.), 299 Neb. 636 (Neb. 2018). “Neb. Rev. Stat. § 28-319 (1)(b) (Reissue 2016).”
State v. Npimnee, 316 Neb. 1 (Neb. 2024).
State v. Cramer, 28 Neb. Ct. App. 469 (Neb. Ct. App. 2020).
State v. Koperski, 578 N.W.2d 837 (Neb. 1998).
— Neb. Rev. Stat. § 28-319(1)(a)(c) — 1 case
State v. Martin (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 28-319(1)(b) — 18 cases
State v. Dady, 304 Neb. 649 (Neb. 2019). “Under Neb. Rev. Stat. § 28-319 (1)(b) (Reissue 2016), whether the victim was incapable of consent depends upon a specific inquiry into the victim’s capacity, i.”
State v. K.M. (In Re Interest K.M.), 299 Neb. 636 (Neb. 2018). “Neb. Rev. Stat. § 28-319 (1)(b) (Reissue 2016).”
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “The first degree sexual assault statute, **352 *299 Neb. Rev. Stat. § 28-319 (1)(a), (b), and (c) (Reissue 2016), sets forth three ways in which one could be found guilty of the offense.”
State v. Sanders, 697 N.W.2d 657 (Neb. 2005).
State v. Npimnee, 316 Neb. 1 (Neb. 2024).
— Neb. Rev. Stat. § 28-319(1)(c) — 30 cases
State v. Hibler, 302 Neb. 325 (Neb. 2019). “01 to first degree sexual assault under § 28-319(1)(c), the latter of which does not carry a mandatory minimum sentence.”
State v. Swindle, 300 Neb. 734 (Neb. 2018).
State v. McCurdy, 301 Neb. 343 (Neb. 2018). “The first degree sexual assault statute, **352 *299 Neb. Rev. Stat. § 28-319 (1)(a), (b), and (c) (Reissue 2016), sets forth three ways in which one could be found guilty of the offense.”
State v. Davis, 762 N.W.2d 287 (Neb. 2009).
State v. Cramer, 28 Neb. Ct. App. 469 (Neb. Ct. App. 2020).
— Neb. Rev. Stat. § 28-319(2) — 26 cases
State v. Freeman, 677 N.W.2d 164 (Neb. 2004).
State v. Bunner, 453 N.W.2d 97 (Neb. 1990).
State v. Archie, 733 N.W.2d 513 (Neb. 2007). “Based on our review of the record, we conclude that the district court did not abuse its discretion in sentencing Archie, and we reject his final assignment of error. CONCLUSION For the foregoing reasons, we find no merit to Archie’s assignments of error.”
State v. Guzman, 305 Neb. 376 (Neb. 2020).
State v. Stephens, 466 N.W.2d 781 (Neb. 1991).
— Neb. Rev. Stat. § 28-319(3) — 4 cases
State v. Burdette, 611 N.W.2d 615 (Neb. 2000). “ASSIGNMENTS OF ERROR Burdette assigns error to the district court’s (1) admission of evidence of the 1982 sexual assaults committed by Burdette; (2) admission of evidence of statements Burdette made to Pankonin on October 27, 1998; and (3) sentencing Burdette as a habitual…”
State v. Hernandez, 613 N.W.2d 455 (Neb. 2000).
State v. Shepard, 477 N.W.2d 567 (Neb. 1991).
State v. Sherrod, 464 N.W.2d 809 (Neb. 1991).
— Neb. Rev. Stat. § 28-319(l)(a) — 13 cases
State v. Koperski, 578 N.W.2d 837 (Neb. 1998).
State v. Moeller, 510 N.W.2d 500 (Neb. Ct. App. 1993).
State v. Piskorski, 357 N.W.2d 206 (Neb. 1984).
State v. Van, 688 N.W.2d 600 (Neb. 2004).
State v. Burdette, 611 N.W.2d 615 (Neb. 2000). “ASSIGNMENTS OF ERROR Burdette assigns error to the district court’s (1) admission of evidence of the 1982 sexual assaults committed by Burdette; (2) admission of evidence of statements Burdette made to Pankonin on October 27, 1998; and (3) sentencing Burdette as a habitual…”
— Neb. Rev. Stat. § 28-319(l)(b) — 5 cases
State v. Rossbach, 650 N.W.2d 242 (Neb. 2002). “Rossbach, with two counts of first degree sexual assault pursuant to Neb. Rev. Stat. § 28-319 (l)(b) (Reissue 1995).”
State v. Collins, 583 N.W.2d 341 (Neb. Ct. App. 1998). “PROCEDURAL BACKGROUND On August 1, 1996, Collins was charged in the county court for Douglas County, and on August 29, 1996, an information was filed against Collins in the Douglas County District Court, charging him under Neb. Rev. Stat. § 28-319 (l)(b) and (c) (Reissue 1995)…”
United States v. James Bruguier, 735 F.3d 754 (8th Cir. 2013).
In Interest of JM, 391 N.W.2d 146 (Neb. 1986).
State v. Moeller, 510 N.W.2d 500 (Neb. Ct. App. 1993).
— Neb. Rev. Stat. § 28-319(l)(c) — 21 cases
State v. Beermann, 436 N.W.2d 499 (Neb. 1989).
State v. Campbell, 473 N.W.2d 420 (Neb. 1991).
State v. Sanchez, 597 N.W.2d 361 (Neb. 1999).
State v. McCulloch, 742 N.W.2d 727 (Neb. 2007).
State v. Putz, 662 N.W.2d 606 (Neb. 2003).
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