Omaha Sex Crime Defense Lawyer
If you have been accused of a sex crime, there is a lot riding on the outcome of your case. In addition to facing criminal penalties, convicted sex offenders have their names put on a registry for life. The social stigma attached to these charges can affect an accused’s personal and professional relationships and standing in the community, even when the prosecution cannot get a conviction. The importance of effective criminal defense against sex crime charges cannot be overstated.
Criminal Defense/DUI Services
Sex crimes in Nebraska include prostitution, indecent exposure, rape, statutory rape, child pornography, and sexual assault of a child. Many sex crimes are included in a category of sexual assault.
- First-degree sexual assault: This crime is a Class II felony. It involves subjecting another person to sexual penetration without the person’s consent. It can be charged when the actor knew or should have known the victim was mentally or physically incapable of resisting or appraising his or her own conduct; or when the victim is between 12 and 16 years of age and the actor is 19 or older (commonly known as ‘statutory rape’).
- Second or third-degree sexual assault: As defined in Nebraska Revised Statute 28-320, second or third-degree sexual assault can be charged and prosecuted when a person subjects another person to sexual contact without consent of the victim; or when the actor knew or should have known the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct. Second-degree sexual assault is Class IIA felony when it causes serious personal injury to the victim. Third-degree sexual assault is a Class I misdemeanor if the victim did not suffer serious personal injury.
- Sexual assault of a child: There are three degrees of sexual assault of a child in Nebraska. In the first degree, the crime involves sexual penetration of a minor. In the second degree, it involves sexual contact with a minor and serious personal injury to the victim. Third-degree sexual assault of a child involves sexual contact with a minor that does not cause the victim serious personal injury.
- Sexual assault in the first degree carries a minimum of one year and a maximum of 50 years in prison. Sentencing will depend on whether the defendant caused serious personal injury to the victim. A second offense carries a mandatory minimum of 25 years in prison.
- Penalties for sexual assault in the second and third degrees depend on whether the defendant caused serious personal injury to the victim. With serious personal injury, it is a Class IIA felony with no minimum and a maximum of 20 years imprisonment. When no serious personal injury was inflicted, it is a Class I misdemeanor that carries a maximum of one year in prison or a $1,000 fine, or both.
- Sexual assault of a child in the first degree carries a mandatory minimum prison term of 15 years. With repeated offenses, the mandatory minimum prison sentence is 25 years for both first-degree and second-degree sexual assault of a child. In the third degree, with repeated offenses, this crime carries a prison sentence of five years minimum and 50 years maximum.
Sex offenders in Nebraska are required under state law to register with local law enforcement agencies as provided in the Sex Offender Registration Act. Registry information is used to provide public notice and information about registrants to the community.
Call Bottlinger Law L.L.C. at (402) 505-8234 as soon as possible if you have been accused of a sex crime. You need an experienced Omaha criminal defense attorney to protect your rights.
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