28-319.01.
Sexual assault
of a child; first degree; penalty.
(1) A person
commits sexual assault of a child in the first degree:
(a) When he or she subjects another person under twelve
years of age to sexual penetration and the actor is at least nineteen years
of age or older; or
(b) When he
or she subjects another person who is at least twelve years of age but less
than sixteen years of age to sexual penetration and the actor is twenty-five
years of age or older.
(2) Sexual assault
of a child in the first degree is a Class IB felony with a mandatory minimum
sentence of fifteen years in prison for the first offense.
(3) Any person who is found guilty of sexual assault of a
child in the first degree under this section and who has previously been convicted
(a) under this section, (b) under section 28-319 of first degree or attempted
first degree sexual assault, (c) under section 28-320.01 before July 14, 2006,
of sexual assault of a child or attempted sexual assault of a child, (d) under
section 28-320.01 on or after July 14, 2006, of sexual assault of a child
in the second or third degree or attempted sexual assault of a child in the
second or third degree, or (e) in any other state or federal court under laws
with essentially the same elements as this section, section 28-319, or section
28-320.01 as it existed before, on, or after July 14, 2006, shall be guilty
of a Class IB felony with a mandatory minimum sentence of twenty-five years
in prison.
(4) In any
prosecution under this section, the age of the actor shall be an essential
element of the offense that must be proved beyond a reasonable doubt.
Source:Laws 2006, LB 1199, § 6; Laws 2009, LB97, § 12.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
The age classifications of the victim in subdivision (1)(a) of this section are rationally related to plausible policy
reasons considered by lawmakers, including the concern of protecting young people. The relationship of the
classifications to legislative goals was not so attenuated as to render the distinction arbitrary or irrational, and it
does not violate the Equal Protection Clause of the 14th Amendment of the Constitution of the United States or
Article I, sec. 3, of the Nebraska Constitution. State v. Hibler, 302 Neb. 325, 923 N.W.2d 398 (2019).
For purposes of the authorized limits of an indeterminate sentence, both "mandatory minimum" as used in subsection (2) of this section and "minimum" as used in section 28-105 in regard to a Class IB felony mean the lowest authorized minimum term of the indeterminate sentence. State v. Russell, 291 Neb. 33, 863 N.W.2d 813 (2015).
The mandatory minimum sentence required by subsection (2) of this section affects both probation and parole: Probation is not authorized, and the offender will not receive any good time credit until the full amount of the mandatory minimum term of imprisonment has been served. State v. Russell, 291 Neb. 33, 863 N.W.2d 813 (2015).
The range of penalties for sexual assault of a child in the first degree, first offense, under subsection (2) of this section, is 15 years' to life imprisonment. State v. Russell, 291 Neb. 33, 863 N.W.2d 813 (2015).