Nebraska Revised Statutes

Neb. Rev. Stat. § 28-831 (2026)

Human trafficking; labor trafficking or sex trafficking; labor trafficking of a minor or sex trafficking of a minor; prohibited acts; penalties

✓ current as of July 2026
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(1) Any person who engages in labor trafficking of a minor or sex trafficking of a minor is guilty of a Class IB felony.

(2) Any person who engages in labor trafficking or sex trafficking is guilty of a Class II felony.

(3) Any person, other than a trafficking victim, who knowingly benefits from or participates in a venture which has, as part of the venture, an act that is in violation of this section is guilty of a Class IIA felony.

(4) It is not a defense in a prosecution under this section (a) that consent was given by the minor victim, (b) that the defendant believed that the minor victim gave consent, or (c) that the defendant believed that the minor victim was an adult.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1973–2021 · leading case: State v. Swindle, 300 Neb. 734 (Neb. 2018).
State v. Swindle, 300 Neb. 734 (Neb. 2018). · cites it 8× “§ 28-831 (1) (Reissue 2016), a Class II felony; and count 4: sex trafficking by inflicting or threatening serious personal injury, in violation of § 28-831(2), a Class IIA felony. The district court determined Swindle was a habitual criminal and sentenced him to consecutive…”
State v. Paez, 302 Neb. 676 (Neb. 2019). · cites it 2× “See Neb. Rev. Stat. § 28-831 (Cum. Supp. 2018).”
State v. Sullivan, 203 N.W.2d 169 (Neb. 1973). “if such person is committing, or threatening to commit and the commission, is imminent, any act which unreasonably interferes with or obstructs the lawful missions, processes, functions or discipline of such institution.”
State v. Swindle, 300 Neb. 734 (Neb. 2018). · cites it 8× “The district court determined Swindle was a habitual criminal and sentenced him to consecutive sentences of imprisonment of between 60 years to life on count 1, between 60 years to life on count 2, between 40 to 60 years on count 3, and between 20 to 60 years on count 4.”
State v. Alston (Neb. Ct. App. 2020). · cites it 3× “See Neb. Rev. Stat. § 28-831 (2) (Cum. Supp. 2018).”
State v. Paez, 302 Neb. 676 (Neb. 2019). · cites it 2× “23 In contrast, utilizing an electronic communica- tion device to transmit lewd or sexually explicit material or to offer or solicit indecent acts is not a crime when the recipi- ent is age 16 or over (unless the recipient is “a peace officer who is believed by [the defendant]…”
State v. Paez, 302 Neb. 676 (Neb. 2019). · cites it 2× “23 In contrast, utilizing an electronic communica- tion device to transmit lewd or sexually explicit material or to offer or solicit indecent acts is not a crime when the recipi- ent is age 16 or over (unless the recipient is “a peace officer who is believed by [the defendant]…”
State v. Gurre (Neb. Ct. App. 2021). · cites it 2× “BACKGROUND In June 2020, the State filed an information charging Gurre with one count of human trafficking, a Class II felony, in violation of Neb. Rev. Stat. § 28-831 (Cum. Supp. 2020); K.”
State v. Lockett (Neb. Ct. App. 2020). “Lockett argues that if not for his attorneys’ errors, he would have forgone the June 2019 plea deal and insisted on going to trial and that the State would have had to prove he engaged in human trafficking/sex trafficking of a minor pursuant to § 28-831 and child abuse pursuant…”
— Neb. Rev. Stat. § 28-831(1) — 2 cases
State v. Swindle, 300 Neb. 734 (Neb. 2018). “§ 28-831 (1) (Reissue 2016), a Class II felony; and count 4: sex trafficking by inflicting or threatening serious personal injury, in violation of § 28-831(2), a Class IIA felony. The district court determined Swindle was a habitual criminal and sentenced him to consecutive…”
State v. Swindle, 300 Neb. 734 (Neb. 2018). “The district court determined Swindle was a habitual criminal and sentenced him to consecutive sentences of imprisonment of between 60 years to life on count 1, between 60 years to life on count 2, between 40 to 60 years on count 3, and between 20 to 60 years on count 4.”
— Neb. Rev. Stat. § 28-831(2) — 2 cases
State v. Swindle, 300 Neb. 734 (Neb. 2018). “§ 28-831 (1) (Reissue 2016), a Class II felony; and count 4: sex trafficking by inflicting or threatening serious personal injury, in violation of § 28-831(2), a Class IIA felony. The district court determined Swindle was a habitual criminal and sentenced him to consecutive…”
State v. Swindle, 300 Neb. 734 (Neb. 2018). “The district court determined Swindle was a habitual criminal and sentenced him to consecutive sentences of imprisonment of between 60 years to life on count 1, between 60 years to life on count 2, between 40 to 60 years on count 3, and between 20 to 60 years on count 4.”
— Neb. Rev. Stat. § 28-831(4)(c) — 2 cases
State v. Swindle, 300 Neb. 734 (Neb. 2018). “§ 28-831 (1) (Reissue 2016), a Class II felony; and count 4: sex trafficking by inflicting or threatening serious personal injury, in violation of § 28-831(2), a Class IIA felony. The district court determined Swindle was a habitual criminal and sentenced him to consecutive…”
State v. Swindle, 300 Neb. 734 (Neb. 2018). “The district court determined Swindle was a habitual criminal and sentenced him to consecutive sentences of imprisonment of between 60 years to life on count 1, between 60 years to life on count 2, between 40 to 60 years on count 3, and between 20 to 60 years on count 4.”
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