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

Neb. Rev. Stat. § 28-702 (2026)

Incestuous marriages; declared void

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Incestuous marriages are marriages between parents and children, grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews. Incestuous marriages are declared to be absolutely void. This section shall extend to children and relations born out of wedlock.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1989–2025 · leading case: State v. Kelly, 835 N.W.2d 79 (Neb. Ct. App. 2013).
Sort: Relevance Newest Treatment
State v. Kelly, 835 N.W.2d 79 (Neb. Ct. App. 2013). · cites it 8× “A person commits incest if he or she know- ingly engages in sexual penetration with any person who falls within the degrees of consanguinity set forth in Neb. Rev. Stat. § 28-702 (Reissue 2008). 8.”
State v. Johnson, 695 N.W.2d 165 (Neb. 2005). · cites it 4× “Section 28-703(1) provides, "Any person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 or any person who engages in sexual penetration with his or her minor stepchild…”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016). · cites it 2× “See Neb. Rev. Stat. §§ 28-702 and 28-703 (Reissue 2008).”
State v. Biloff, 778 N.W.2d 497 (Neb. Ct. App. 2009). · cites it 2× “engage *503 in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 ... commits incest." As such, incest requires proof of (1) sexual penetration, (2) degree of consanguinity between the two parties, and (3) knowledge of…”
State v. Botts, 442 N.W.2d 384 (Neb. 1989). · cites it 4× “The degrees of consanguinity set forth in Neb. Rev. Stat. § 28-702 (Reissue 1985) include “grandparents and grandchildren of every degree.”
State v. Cruz (Neb. Ct. App. 2016). · cites it 2× “Neb. Rev. Stat. § 28-702 (Reissue 2008). The statute prohibiting first degree sexual assault of a child provides as follows: “A person commits sexual assault of a child in the first degree .”
State v. McMillion (Neb. Ct. App. 2016). · cites it 2× “See Neb. Rev. Stat. §§ 28-702 and 28-703 (Reissue 2008).”
State v. Hibler (Neb. Ct. App. 2022). · cites it 2× “§ 28-703 (1) (Reissue 2016) provides that “[a]ny person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 or any person who engages in sexual penetration with his or her…”
State v. Fulton (Neb. Ct. App. 2024). · cites it 2× “Section 28-703(1) states that “[a]ny person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 or any person who - 13 - engages in sexual penetration with his or her stepchild…”
State v. Nelson (Neb. Ct. App. 2025). · cites it 2× “See, Neb. Rev. Stat. § 28-702 (Reissue 2016); Neb.”
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.