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

Neb. Rev. Stat. § 28-320 (2026)

Sexual assault; second or third degree; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.), 913 N.W.2d 477 (Neb. 2018).
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State v. Jordan B. (In Re Interest of Jordan B.), 913 N.W.2d 477 (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. 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 juvenile court, entered an order finding that Gunner was a child within the meaning of § 43-247(1). The case was set for disposition, 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, 852 N.W.2d 307 (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, 1 N.W.3d 487 (Neb. 2024). · cites it 2× “At least eight prospective jurors were female, based on the titles used to refer to them during voir dire. However, everyone ultimately selected to serve on the jury was male.”
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× “While Anders sufficiently alleges this portion of his assignment of error, the record is insufficient for this court to address this claim of ineffective assistance of counsel. (vi) Text Messages Anders assigns that his trial counsel was ineffective for “[f]ailing to object to…”
State v. Torres, 574 N.W.2d 153 (Neb. 1998). · cites it 4× “See Neb.Rev.Stat. § 28-320 (Reissue 1995). Torres pled no contest, and on April 9, 1997, the district court sentenced him to 1 year's probation.”
Show all 78 citing cases →
Neb. Rev. Stat. § 28-320(1): 13 cases
State v. Jordan B. (In Re Interest of Jordan B.), 913 N.W.2d 477 (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 juvenile court, entered an order finding that Gunner was a child within the meaning of § 43-247(1). The case was set for disposition, and Gunner also moved for a new trial.”
State v. Cisneros, 535 N.W.2d 703 (Neb. 1995).
Neb. Rev. Stat. § 28-320(1)(a): 2 cases
State v. Belina, No. A-24-480 (Neb. Ct. App. Oct. 21, 2025).
State v. Betancur, No. A-21-954 (Neb. Ct. App. Dec. 20, 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 juvenile court, entered an order finding that Gunner was a child within the meaning of § 43-247(1). The case was set for disposition, 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. 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).
State v. Jackson, 408 N.W.2d 720 (Neb. 1987).
Neb. Rev. Stat. § 28-320(3): 6 cases
State v. Jordan B. (In Re Interest of Jordan B.), 913 N.W.2d 477 (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(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. 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).”
State v. Jackson, 408 N.W.2d 720 (Neb. 1987).
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