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 gapNebraska at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Neb. Rev. Stat. § 28-319.01 (Sexual Assault of a Child, First Degree) |
| Close-in-age mechanism | Offender-age thresholds of 19 or 25, not a numeric gap |
| Age-based defense, if any | None needed — statute simply doesn’t apply below the threshold |
| Related offense | Sexual 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.
Age of consent in Nebraska
Section 28-319.01(1) makes it first-degree sexual assault of a child, a Class IB felony with a 15-year mandatory minimum, for someone 19 or older to sexually penetrate a victim under 12, or for someone 25 or older to sexually penetrate a victim 12 through 15. A related contact-only statute, Section 28-320.01, uses a single 19-year-old threshold for a victim 14 or younger.
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.
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
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.
| Victim age | Conduct | Offender-age threshold |
|---|---|---|
| Under 12 | Penetration | 19 |
| 12–15 | Penetration | 25 |
| 14 or younger | Contact only | 19 |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Nebraska Revised Statutes via the official Nebraska Legislature website, cross-checked against multiple independent legal references.
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.
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.