Omaha Sex Assault Penalties
In Omaha, sex assault is a serious crime with serious penalties. Sex assault allegations not only carry potential prison time, but also mandatory sex offender registration and loss of civil liberties if the matter leads to a felony conviction.
Sex assault cases often result in charges beyond simply sexual assault. Penalties for sex assault in Omaha and some of the related crimes are below.
Third Degree Sex Assault – Third degree sexual assault occurs when there is non-consensual sexual touching without penetration and without injury. Sex assault third degree is a Class 1 Misdemeanor punishable by up to one year in jail and a $1,000 fine. A third degree sex assault conviction in Omaha will also result in a 15-year mandatory sex offender registration.
Second Degree Sex Assault – When nonconsensual sexual touching results in serious personal injury to the victim, prosecutors can charge the crime as second degree sex assault, which is a Class 2A Felony, carrying a term of 0-20 years in prison and mandatory sex offender registration.
First Degree Sex Assault – Any nonconsensual sexual penetration regardless of whether it is actual sexual intercourse, digital penetration, or oral sex, or any other sex activity involving penetration is a Class 2 Felony for a first offense, which carries a potential term of 1-50 years in prison and possible lifetime sex offender registry.
False Imprisonment Charges – It is not unusual for an Omaha prosecutor to file false imprisonment charges. This charge often arises from the allegation that the accused knowingly restrained or abducted the accuser.
- False imprisonment in the first degree is a Class 3A Felony, carrying a term of 0-3 years of imprisonment and a fine of $10,000.
- False imprisonment in the second degree occurs when the accused knowingly restrains the victim without the legal authority. In those cases, the matter is often charged as a Class 1 Misdemeanor, which carries up to one year in prison and a $1,000 fine.
Kidnapping – In some severe circumstances where the government alleges that the accused abducted another person and restrained him or her in order to hold them for ransom, terrorize them, or commit a felony (such as rape) then kidnapping is considered a 1A Felony, which carries a possible term of life in prison. In situations where the kidnapped person was voluntarily released without having suffered serious bodily injury, kidnapping is charged as a Class 2 Felony, carrying a term of 1-50 years of confinement.
Child Sex Abuse – In Omaha, the penalties for child sex assault cases are more severe than adult sex assault cases. Not only are the initial penalties more severe, but they also consider whether there has been a prior conviction for sex assault in which cases the penalty is much harsher. All child sex assault convictions carry mandatory sex offender registration.
Statutory Rape – Some child sex assault cases in Omaha are referred to as statutory rape because the age difference makes it impossible for the child to consent to the sex act. Bottom line: if a victim is underage, the accused can be convicted of a crime regardless of whether they legitimately believed that the victim consented.
Third Degree Sex Assault on a Child – This includes sexual touching without personal injury and is a Class 3A Felony for the first offense, which carries a term of 0-3 years in prison and a fine of $10,000.
Sex Assault of a Child in the Second Degree – This requires sexual touching causing serious personal injury to the victim, is a Class 2 Felony, and carries a term of 1-50 years if the person is 14 years of age or younger and the accused is at least 19 years or older.
Sex Assault of a Child in the First Degree – In cases involving penetration of minors, the first offense is a Class 1B Felony and carries a potential prison term of 20 years to life and mandatory lifetime sex offender registration.
As mentioned above, the State commonly files additional charges such as use of an electronic communication device to lure a child under Nebraska Revised Statute § 320.02, or child enticement. In some cases, there are charges for pandering, human trafficking, or production of child pornography.
In short, whether the sex assault allegation is a simple touching allegation between two adults, which is a misdemeanor, or a child sex assault with a potential penalty of life imprisonment, the consequences of sex assault allegations in Omaha can be life altering even for those found not guilty at trial.
The stigma of being charged with sex assault or rape often affects the falsely accused for the rest of his or her life. Early action in these cases by a competent criminal defense attorney can go a long way in protecting the rights of the accused and securing the best possible outcome. You always have the right to an attorney, even before any charges have been filed. To learn more, contact Berry Law to speak with an Omaha sexual assault lawyers.