(1) 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.
(2) 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 in the second degree is a Class II felony for the first offense.
(3) Sexual assault of a child is in the third degree if the actor does not cause serious personal injury to the victim. Sexual assault of a child in the third degree is a Class IIIA felony for the first offense.
(4) Any person who is found guilty of second degree sexual assault of a child 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 28-319.01 for first degree or attempted first degree sexual assault of a child, or (d) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-319.01 shall be guilty of a Class IC felony and shall be sentenced to a mandatory minimum term of twenty-five years in prison.
(5) Any person who is found guilty of third degree sexual assault of a child 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 28-319.01 for first degree or attempted first degree sexual assault of a child, or (d) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-319.01 shall be guilty of a Class IC felony.
Notes of Decisions
Cited in
139
cases (
25 in the last 5 years), 1985–2026 · leading case:
State v. Hibler
State v. Hibler (2019)
neb · cites it 4×
“§ 28-703 (Reissue 2016); and one count of third degree sexual assault of a child, Neb. Rev. Stat. § 28-320.01 (3) (Reissue 2016).”
State v. Aguallo (2016)
neb · cites it 5×
“FACTS On March 4, 2015, the State filed an information charging Aguallo with sexual assault of a child, third degree, in viola- tion of Neb. Rev. Stat. § 28-320.01 (Reissue 2008).”
State v. Alba (2005)
nebctapp · cites it 16×
“Under § 28-320.01, first-offense sexual assault of a child at the time of the crime was a Class IV felony, but the statute was later amended to change first-offense sexual assault of a child to a Class IIIA felony.”
State v. Davis (2009)
neb · cites it 7×
“Before July 1998, sexual assault of a child, as defined in § 28-320.01, was a Class IV felony. [14] In 1998, the Legislature reclassified it as a Class IIIA felony.”
State v. Carlson (1986)
neb · cites it 14×
“Both informations charged Carlson with violation of Neb. Rev. Stat. § 28-320.01 (1) (Reissue 1985) of the Nebraska Criminal Code, which provides: “A person commits sexual assault of a child if he or she subjects another person fourteen years of age or younger to sexual contact…”
State v. Yager (1990)
neb · cites it 10×
“Sexual assault of a child is prohibited by Neb.Rev.Stat. § 28-320.01 (Reissue 1989), which provides: "(1) A person commits sexual assault of a child if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years…”
State v. Smith (2016)
neb · cites it 3×
“01(3) and Neb. Rev. Stat. § 28-320.01 (4) (Reissue 2008), which requires a defendant convicted of sexual assault of a child, who has previously been convicted of a similar sexual offense, to serve a mandatory minimum of 25 years in prison.”
State v. Putz (2003)
neb · cites it 6×
“Evidence admitted at trial shows that in the summer of 1998, M.”
State v. White (1999)
neb · cites it 6×
“Pursuant to a plea agreement, White was charged with one count of sexual assault of a child, a Class IV felony in violation of Neb. Rev. Stat. § 28-320.01 (Reissue 1995).”
State v. Hamilton (2009)
neb · cites it 4×
“CONCLUSION For the reasons discussed, we affirm the judgment of the district court sentencing Hamilton to terms of incarceration for each of the two offenses for which he was convicted and imposing the requirements of lifetime registration and community supervision.”
State v. Rung (2009)
neb · cites it 4×
“01 or § 28-320.01.... [T]hey are not in all relevant aspects alike.”
State v. Brown (1987)
neb · cites it 6×
“At the conference regarding instruction of the jury, Brown requested an instruction on sexual assault of a child, conduct prohibited by Neb. Rev. Stat. § 28-320.01 (Reissue 1985): “A person commits sexual assault of a child if he or she subjects another person fourteen years of…”
— Neb. Rev. Stat. § 28-320.01(1) — 19 cases
State v. Davis (2009)
neb
“Before July 1998, sexual assault of a child, as defined in § 28-320.01, was a Class IV felony. [14] In 1998, the Legislature reclassified it as a Class IIIA felony.”
State v. Rung (2009)
neb
“01 or § 28-320.01.... [T]hey are not in all relevant aspects alike.”
State v. Putz (2003)
neb
“Evidence admitted at trial shows that in the summer of 1998, M.”
— Neb. Rev. Stat. § 28-320.01(2) — 3 cases
State v. Davis (2009)
neb
“Before July 1998, sexual assault of a child, as defined in § 28-320.01, was a Class IV felony. [14] In 1998, the Legislature reclassified it as a Class IIIA felony.”
State v. White (1999)
neb
“Pursuant to a plea agreement, White was charged with one count of sexual assault of a child, a Class IV felony in violation of Neb. Rev. Stat. § 28-320.01 (Reissue 1995).”
— Neb. Rev. Stat. § 28-320.01(3) — 17 cases
State v. Hamilton (2009)
neb
“CONCLUSION For the reasons discussed, we affirm the judgment of the district court sentencing Hamilton to terms of incarceration for each of the two offenses for which he was convicted and imposing the requirements of lifetime registration and community supervision.”
State v. Alba (2005)
nebctapp
“Under § 28-320.01, first-offense sexual assault of a child at the time of the crime was a Class IV felony, but the statute was later amended to change first-offense sexual assault of a child to a Class IIIA felony.”
State v. Davis (2009)
neb
“Before July 1998, sexual assault of a child, as defined in § 28-320.01, was a Class IV felony. [14] In 1998, the Legislature reclassified it as a Class IIIA felony.”
— Neb. Rev. Stat. § 28-320.01(5) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.