State Guide

Age of Consent in Nebraska

A plain-English guide to the age of consent in Nebraska, cited to Neb. Rev. Stat. § 28-319.01. Nebraska uses two different offender-age thresholds depending on the victim’s age and the type of conduct.

Offender-age thresholds: 19 or 25, not a numeric gap

Nebraska at a glance

The core figures from this guide, in one place.

Quick reference for Nebraska age of consent law.
Age of consent16
Governing statuteNeb. Rev. Stat. § 28-319.01 (Sexual Assault of a Child, First Degree)
Close-in-age mechanismOffender-age thresholds of 19 or 25, not a numeric gap
Age-based defense, if anyNone needed — statute simply doesn’t apply below the threshold
Related offenseSexual assault of a child, 2nd/3rd degree (contact) — § 28-320.01

Overview

Nebraska sets its age of consent at 16. For sexual penetration, Neb. Rev. Stat. Section 28-319.01 uses two different offender-age thresholds depending on the victim’s age: 19 for a victim under 12, and 25 for a victim 12 through 15. A person younger than the applicable threshold is not covered by this statute at all.

This is an offender-age model, not a numeric age-gap rule. A partner under 19, or under 25 for the older age band, is not reached by this specific statute regardless of how many years separate the two people.

Close-in-age rules in Nebraska

The relevant threshold depends on both the victim’s age and the type of conduct:

  • Sexual penetration, victim under 12: not covered unless the offender is 19 or older.
  • Sexual penetration, victim 12 through 15: not covered unless the offender is 25 or older.
  • Sexual contact only, victim 14 or younger: not covered unless the offender is 19 or older.
This is not a numeric age-gap rule. A 24-year-old and a 14-year-old, a ten-year gap, is not covered by first-degree sexual assault of a child, because the offender has not reached the 25-year-old threshold that applies to that specific age band.

Exceptions and defenses

Consent is not a defense to these offenses, regardless of the victim’s apparent willingness. A separate, broader provision addresses “debauching a minor,” covering lewd inducement of anyone under 17, which can apply independently of the specific offender-age thresholds described above.

Applicable statutes

The codified Nebraska law this guide is drawn from.

Practical examples

These are simplified, hypothetical illustrations only, not legal advice, and not a prediction of any real case’s outcome.

Example 1. A 15-year-old and a 22-year-old, sexual penetration, a seven-year gap. Because the offender is under 25, first-degree sexual assault of a child does not reach this conduct under the 12-15 age band.

Example 2. A 15-year-old and a 26-year-old, sexual penetration, an eleven-year gap. This meets the 25-year-old threshold, so the statute applies.

Example 3. An 11-year-old and an 18-year-old, sexual penetration, a seven-year gap. Because the victim is under 12 and the offender is under 19, this specific provision does not reach the conduct, though other statutes may still apply.

Frequently asked questions about Nebraska

What is the age of consent in Nebraska?

16. Below that age, Neb. Rev. Stat. Sections 28-319.01 and 28-320.01 apply offender-age thresholds depending on the victim’s age and the type of conduct.

Does Nebraska have a Romeo and Juliet law?

Informally, yes. Because these statutes only reach an offender above a specific age (19 or 25 depending on the victim’s age), a younger partner is not covered regardless of the size of the gap.

Why are there two different thresholds, 19 and 25?

Nebraska uses 19 for the youngest victims, under 12, and a higher threshold of 25 for victims 12 through 15, for sexual penetration specifically.

Does a mistaken belief about age count as a defense?

Consent is explicitly not a defense to these offenses. This guide did not find a reliable official source describing a separate mistake-of-age defense.

Is there a broader catch-all offense?

Yes. A separate “debauching a minor” provision covers lewd inducement of anyone under 17 and can apply independently of the specific offender-age thresholds.

Official sources

Primary and official sources this guide is built from.

Two offender-age thresholds, by victim age

Nebraska’s threshold rises for the older victim band.

Neb. Rev. Stat. § 28-319.01 thresholds. Scroll sideways on a small screen.
Victim ageConductOffender-age threshold
Under 12Penetration19
12–15Penetration25
14 or youngerContact only19

About this guide

Who wrote it, who reviewed it, and when it was last checked.

Written by

RomeoAndJulietLaw.com Editorial Team

Drafted from the Nebraska Revised Statutes via the official Nebraska Legislature website, cross-checked against multiple independent legal references.

Legally reviewed by

Pending attorney review

This guide has not yet been checked by a licensed Nebraska attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.

Last reviewed Not yet attorney-reviewed Last updated 26 July 2026

Primary source for this guide

Editorial notes

This guide reflects the Nebraska Revised Statutes as of 26 July 2026. It has not yet been reviewed by a licensed Nebraska attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.

Not legal advice. This page is general educational information about age of consent law in Nebraska. Laws change and vary by jurisdiction. Consult a licensed attorney in the relevant state before acting on anything you read here.