Ages of dating laws in nebraska

Statutory rape law is designed to protect naive youths from the sexual advances of older adults who may use their advanced age to take sexual advantage of youths.The law is designed to curb the passive coercion that is inherent in sexual relationships having a great difference of age. \n Florida State Statute:\n794.05 Unlawful sexual activity with certain minors.-- \n.

ages of dating laws in nebraska-50ages of dating laws in nebraska-61

A person over the age of 19 but under the age of 25 who engages in sexual penetration with a child over the age of 12 but under the age of 16 commits the crime of first degree sexual assault. Nebraska’s lawmakers have enacted “Romeo and Juliet exceptions,” named after Shakespeare’s famous young lovers, to protect young people from criminal charges for participating in consensual sexual activity with other young people.

While first degree sexual assault is still a very serious crime, it is punished less severely than first degree sexual assault of a child. Under Nebraska’s laws, people age 18 years old and younger cannot be convicted of statutory rape. § § 28-318, 28-320.01.) People who lure or try to lure children to engage in sexual conduct can be convicted of the crime of child enticement, even if there is never any actual sexual contact between the child and the adult.

Nebraska has different degrees of sexual assault, based on the age of the child and the defendant.

In statutory rape cases, the determinative fact is age of the victim and, in states like Nebraska, the age of the defendant.

For example, a 17-year-old who has consensual sex with a 15-year-old cannot be convicted of sexual assault under Nebraska’s laws. One common scenario that can result in criminal prosecution for enticement is an adult engaging in sexually explicit talk with a child (or someone posing as a child) over email or instant messaging. W.2d 420 (1991).) Oftentimes in statutory rape cases, teens have lied to the defendants and others about their ages. If a child is under the age of 16, an adult can be prosecuted for statutory rape, no matter how reasonable it may have been to believe the child. In many states, it is a defense to a charge of statutory rape that the defendant and the child are married, but not in Nebraska.

A person over the age of 19 who engages in sexual activity short of penetration with a child under the age of 14 also commits a crime in Nebraska (third degree sexual assault of a child). For more information on this crime, see Child Enticement Laws in Nebraska. It is not a defense to a charge of statutory rape that the defendant believed the child to be of age, even if the child actively conceals or misrepresents his or her age. Nebraska was the first state to abolish the marital rape exemption and it did so for statutory rape cases as well as forcible rape cases. § 29-4003.) A conviction for sexual assault can have serious and lasting consequences, including time in prison and sex offender registration.

Second and subsequent convictions for sexual assault and sexual assault on a child are punished even more severely, often by mandatory minimum terms of 25 years.

Individuals are legally considered adults once they reach the age of majority -- 18 in most states -- which means they are subject to the rights and responsibilities afforded to all adults.

However, common law controls this process and courts will grant emancipation for good reason, including enlistment in the armed forces or financial independence.

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