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

Neb. Rev. Stat. § 28-703 (2026)

Incest; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A person commits the offense of incest if he or she knowingly:

(a) Intermarries or engages in sexual penetration or sexual contact with any person who falls within the degrees of consanguinity set forth in section 28-702;

(b) Engages in sexual penetration or sexual contact with his or her stepchild who is under nineteen years of age; or

(c) Engages in sexual penetration or sexual contact with his or her adopted child or foster child.

(2) Incest is a Class III felony, except that incest with a person who is under eighteen years of age is a Class IIA felony.

(3) For purposes of this section, the definitions found in section 28-318 shall be used.

(4) The testimony of a victim shall be entitled to the same weight as the testimony of victims of other crimes under this code.

Notes of Decisions
Cited in 52 cases (16 in the last 5 years), 1989–2025 · leading case: State v. Johnson, 695 N.W.2d 165 (Neb. 2005).
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State v. Johnson, 695 N.W.2d 165 (Neb. 2005). · cites it 142× “Included in the issues raised on appeal relative to the incest statute, Neb. Rev. Stat. § 28-703 (1) (Reissue 1995), was a consideration of the correct definition of "minor" under the incest statute for acts committed against a stepchild and whether § 28-703 is…”
State v. Archie, 733 N.W.2d 513 (Neb. 2007). · cites it 14× “CONCLUSION For the foregoing reasons, we find no merit to Archie’s assignments of error. The judgment of the district court is, therefore, affirmed.”
State v. Hibler, 923 N.W.2d 398 (Neb. 2019). · cites it 4× “01(2) “violate [Hibler’s] constitutional rights under the Fifth, Fourteenth and Eighth Amendment[s] to the United States Constitution and the correlative provisions of the Nebraska Constitution.”
State v. Tucker, 920 N.W.2d 680 (Neb. 2018). · cites it 2× “01 (2) (Reissue 2016) and two counts of incest with a person under 18 years of age in violation of *684 Neb. Rev. Stat. § 28-703 (Reissue 2008). The charges arose out of allegations by M.”
State v. Bershon, 983 N.W.2d 490 (Neb. 2023). · cites it 4× “minor stepchild.” The first two counts were alleged to have occurred between January 1 and December 31 in the years 2006 and 2007, respectively.”
State v. Johnson, 670 N.W.2d 802 (Neb. Ct. App. 2003). · cites it 10× “§ 28-319 (Reissue 1995), and incest (count II), in violation of Neb. Rev. Stat. § 28-703 (1) (Reissue 1995).”
State v. Lee, 934 N.W.2d 145 (Neb. 2019). · cites it 2× “Specifically, he argues that (1) he overheard his trial counsel talking with the prosecutor and indicating she believed Lee was guilty, and that when he confronted her about it, she told him to “go back to his cell and taste his own semen and see what it tastes like”35; (2) his…”
State v. York, 770 N.W.2d 614 (Neb. 2009). · cites it 3× “York's sister came forward with allegations of incest in August 2003. She alleged that York had subjected her to incest more than 50 times over a period of years beginning when she was 7 or 8 years old and York was between 10 and 12 years old.”
State v. Lane, 907 N.W.2d 737 (Neb. 2018). · cites it 3× “STATEMENT OF FACTS Following the denial of Lane’s motion to suppress, pursuant to a plea agreement in which Lane agreed to enter a no contest plea, the State filed an amended information charging Lane with incest, a Class III felony, under Neb. Rev. Stat. § 28-703 (Reissue…”
State v. Hamilton, 763 N.W.2d 731 (Neb. 2009). · cites it 2× “[29] Neb.Rev.Stat. § 28-703 (Reissue 2008). [30] See § 29-4005(4)(a).”
State v. York, 731 N.W.2d 597 (Neb. 2007). · cites it 2× “3 See Neb. Rev. Stat. § 28-703 (Reissue 1995). 4 State v.”
State v. Gill, 901 N.W.2d 679 (Neb. 2017). · cites it 2× “§ 28-319 (1)(a) (Reissue 2016), and two counts of incest, see Neb. Rev. Stat. § 28-703 (Reissue 2016). Counts I through III alleged sexual assault on or about September 21, 1996, to June 10, 2002, on T.”
Show all 52 citing cases →
Neb. Rev. Stat. § 28-703(1): 4 cases
State v. Johnson, 695 N.W.2d 165 (Neb. 2005). “Included in the issues raised on appeal relative to the incest statute, Neb. Rev. Stat. § 28-703 (1) (Reissue 1995), was a consideration of the correct definition of "minor" under the incest statute for acts committed against a stepchild and whether § 28-703 is…”
State v. Archie, 733 N.W.2d 513 (Neb. 2007). “CONCLUSION For the foregoing reasons, we find no merit to Archie’s assignments of error. The judgment of the district court is, therefore, affirmed.”
State v. Fulton, No. A-23-715 (Neb. Ct. App. Sept. 24, 2024).
State v. Kandler, No. A-19-720 (Neb. Ct. App. July 28, 2020).
Neb. Rev. Stat. § 28-703(2): 6 cases
State v. Archie, 733 N.W.2d 513 (Neb. 2007). “CONCLUSION For the foregoing reasons, we find no merit to Archie’s assignments of error. The judgment of the district court is, therefore, affirmed.”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016).
State v. Egger, 601 N.W.2d 785 (Neb. Ct. App. 1999).
State v. McMillion, 875 N.W.2d 877 (Neb. Ct. App. 2016).
State v. Kandler, No. A-19-720 (Neb. Ct. App. July 28, 2020).
Neb. Rev. Stat. § 28-703(3)(a): 1 case
State v. Clifton, No. A-21-306 (Neb. Ct. App. Aug. 16, 2022).
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