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

Neb. Rev. Stat. § 28-320 (2026)

Sexual assault; second or third degree; penalty

✓ current as of July 2026
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(1) 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.

(2) Sexual assault shall be in the second degree and is a Class IIA felony if the actor shall have caused serious personal injury to the victim.

(3) Sexual assault shall be in the third degree and is a Class I misdemeanor if the actor shall not have caused serious personal injury to the victim.

Notes of Decisions
Cited in 78 cases (21 in the last 5 years), 1983–2025 · leading case: State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018).
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State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018). · cites it 8× “Nevertheless, the court raised sua sponte the "lesser included offense" of third degree sexual assault, contrary to Neb. Rev. Stat. § 28-320 (1) and (3) (Reissue 2016), a Class I misdemeanor.”
State v. Kyle O., 703 N.W.2d 909 (Neb. Ct. App. 2005). · cites it 9× “§ 43-247 (1) (Reissue 2004) for sexual contact with another child, in violation of Neb. Rev. Stat. § 28-320 (Reissue 1995). Kyle appeals.”
State v. Jackson, 408 N.W.2d 720 (Neb. 1987). · cites it 13× “Neb. Rev. Stat. § 28-320 (Reissue 1985) provides in part: (1) Any person who subjects another person to sexual contact and (a) overcomes the victim by force, threat of force, express or implied, coercion, or deception, or (b) knew or should have known that the victim was…”
State v. Rung, 774 N.W.2d 621 (Neb. 2009). · cites it 6× “01 or subsection (1) or (2) of section 28-320. Rung originally entered a plea of not guilty, but he moved for and was given permission to withdraw the plea so that he could file a motion to quash the information on the basis that § 28-320.”
In re Interest of Gunner B., 980 N.W.2d 863 (Neb. 2022). · cites it 9× “Following an adjudication hearing, the Otoe County Court, sitting as a juve- nile court, entered an order finding that Gunner was a child within the meaning of § 43-247(1). The case was set for dis- position, and Gunner also moved for a new trial.”
In Interest of JM, 391 N.W.2d 146 (Neb. 1986). · cites it 7× “to sexual contact in violation of Neb. Rev. Stat. § 28-320 (l)(b) (Reissue 1985), a misdemeanor.”
State v. Beermann, 436 N.W.2d 499 (Neb. 1989). · cites it 7× “87-968, 87-969, and 87-975), one charge of second degree sexual assault in violation of Neb. Rev. Stat. § 28-320 (Reissue 1985) (case No.”
State v. Knutson, 288 Neb. 823 (Neb. 2014). · cites it 4× “01 or subsection (1) or (2) of section 28-320. The State’s operative information alleged that between January 1 and November 19, 2010, Knutson used an electronic communication device to solicit, coax, lure, or entice E.”
State v. Clark, 315 Neb. 736 (Neb. 2024). · cites it 2× “01 (Reissue 2016) and third degree sexual assault under Neb. Rev. Stat. § 28-320 (1)(a) (Reissue 2016).”
In Re Interest of MLS, 452 N.W.2d 39 (Neb. 1990). · cites it 6× “Neb. Rev. Stat. § 28-320 (1) and (3) (Reissue 1989).”
In Re Interest of Adams, 430 N.W.2d 295 (Neb. 1988). · cites it 7× “Count II charged that, in 1984, Adams, in violation of Neb. Rev. Stat. § 28-320 (Reissue 1985), subjected his 6-year-old daughter to sexual contact, using force or the “threat of force” to accomplish the criminal sexual contact.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022). · cites it 2× “Felony Convictions Anders argues that his trial counsel was ineffective because he did not impeach his ex-business partner for having previous 43 See, § 27-414(1); § 28-318(5); Neb. Rev. Stat. § 28-320 (1) (Reissue 2016).”
Show all 78 citing cases →
— Neb. Rev. Stat. § 28-320(1) — 13 cases
State v. Jackson, 408 N.W.2d 720 (Neb. 1987). “Neb. Rev. Stat. § 28-320 (Reissue 1985) provides in part: (1) Any person who subjects another person to sexual contact and (a) overcomes the victim by force, threat of force, express or implied, coercion, or deception, or (b) knew or should have known that the victim was…”
State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018). “Nevertheless, the court raised sua sponte the "lesser included offense" of third degree sexual assault, contrary to Neb. Rev. Stat. § 28-320 (1) and (3) (Reissue 2016), a Class I misdemeanor.”
State v. Kyle O., 703 N.W.2d 909 (Neb. Ct. App. 2005). “§ 43-247 (1) (Reissue 2004) for sexual contact with another child, in violation of Neb. Rev. Stat. § 28-320 (Reissue 1995). Kyle appeals.”
In Re Interest of Adams, 430 N.W.2d 295 (Neb. 1988). “Count II charged that, in 1984, Adams, in violation of Neb. Rev. Stat. § 28-320 (Reissue 1985), subjected his 6-year-old daughter to sexual contact, using force or the “threat of force” to accomplish the criminal sexual contact.”
In re Interest of Gunner B., 980 N.W.2d 863 (Neb. 2022). “Following an adjudication hearing, the Otoe County Court, sitting as a juve- nile court, entered an order finding that Gunner was a child within the meaning of § 43-247(1). The case was set for dis- position, and Gunner also moved for a new trial.”
— Neb. Rev. Stat. § 28-320(1)(a) — 2 cases
State v. Belina (Neb. Ct. App. 2025).
State v. Betancur (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 28-320(1)(b) — 3 cases
In re Interest of Gunner B., 980 N.W.2d 863 (Neb. 2022). “Following an adjudication hearing, the Otoe County Court, sitting as a juve- nile court, entered an order finding that Gunner was a child within the meaning of § 43-247(1). The case was set for dis- position, and Gunner also moved for a new trial.”
In Re Interest of MLS, 452 N.W.2d 39 (Neb. 1990). “Neb. Rev. Stat. § 28-320 (1) and (3) (Reissue 1989).”
State v. Miller, 381 N.W.2d 156 (Neb. 1986).
— Neb. Rev. Stat. § 28-320(2) — 3 cases
State v. Jackson, 408 N.W.2d 720 (Neb. 1987). “Neb. Rev. Stat. § 28-320 (Reissue 1985) provides in part: (1) Any person who subjects another person to sexual contact and (a) overcomes the victim by force, threat of force, express or implied, coercion, or deception, or (b) knew or should have known that the victim was…”
State v. Beermann, 436 N.W.2d 499 (Neb. 1989). “87-968, 87-969, and 87-975), one charge of second degree sexual assault in violation of Neb. Rev. Stat. § 28-320 (Reissue 1985) (case No.”
State v. Schmidt, 562 N.W.2d 859 (Neb. Ct. App. 1997).
— Neb. Rev. Stat. § 28-320(3) — 6 cases
State v. Jordan B. (In Re Interest of Jordan B.), 300 Neb. 355 (Neb. 2018). “Nevertheless, the court raised sua sponte the "lesser included offense" of third degree sexual assault, contrary to Neb. Rev. Stat. § 28-320 (1) and (3) (Reissue 2016), a Class I misdemeanor.”
State v. Kyle O., 703 N.W.2d 909 (Neb. Ct. App. 2005). “§ 43-247 (1) (Reissue 2004) for sexual contact with another child, in violation of Neb. Rev. Stat. § 28-320 (Reissue 1995). Kyle appeals.”
In Re Interest of Adams, 430 N.W.2d 295 (Neb. 1988). “Count II charged that, in 1984, Adams, in violation of Neb. Rev. Stat. § 28-320 (Reissue 1985), subjected his 6-year-old daughter to sexual contact, using force or the “threat of force” to accomplish the criminal sexual contact.”
In re Interest of Jordan B., 300 Neb. 355 (Neb. 2018).
State v. Fuller, 779 N.W.2d 112 (Neb. 2010).
— Neb. Rev. Stat. § 28-320(l)(a) — 1 case
State v. Jackson, 408 N.W.2d 720 (Neb. 1987). “Neb. Rev. Stat. § 28-320 (Reissue 1985) provides in part: (1) Any person who subjects another person to sexual contact and (a) overcomes the victim by force, threat of force, express or implied, coercion, or deception, or (b) knew or should have known that the victim was…”
— Neb. Rev. Stat. § 28-320(l)(b) — 4 cases
In Interest of JM, 391 N.W.2d 146 (Neb. 1986). “to sexual contact in violation of Neb. Rev. Stat. § 28-320 (l)(b) (Reissue 1985), a misdemeanor.”
State v. Jackson, 408 N.W.2d 720 (Neb. 1987). “Neb. Rev. Stat. § 28-320 (Reissue 1985) provides in part: (1) Any person who subjects another person to sexual contact and (a) overcomes the victim by force, threat of force, express or implied, coercion, or deception, or (b) knew or should have known that the victim was…”
State v. Doremus, 514 N.W.2d 649 (Neb. Ct. App. 1994).
In Re Interest of MLS, 452 N.W.2d 39 (Neb. 1990). “Neb. Rev. Stat. § 28-320 (1) and (3) (Reissue 1989).”
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