28-703. Incest; penalty.

196 words·~1 min read·/ne/chapter-28/28-703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of incest if he or she knowingly:

(a)Intermarries or engages in sexual penetration or sexual contact with any person who falls within the degrees of consanguinity set forth in section 28-702 ;

(b)Engages in sexual penetration or sexual contact with his or her stepchild who is under nineteen years of age; or

(c)Engages in sexual penetration or sexual contact with his or her adopted child or foster child.

(2)Incest is a Class III felony, except that incest with a person who is under eighteen years of age is a Class IIA felony.

(3)For purposes of this section, the definitions found in section 28-318 shall be used.

(4)The testimony of a victim shall be entitled to the same weight as the testimony of victims of other crimes under this code.

Incest of an adult is not a registrable offense under the Sex Offender Registration Act. State v. Aguilar-Moreno, 17 Neb. App. 623, 769 N.W.2d 784 (2009).

For purposes of the incest statute, a "minor" is defined as a child under the age of 19. State v. Johnson, 12 Neb. App. 247, 670 N.W.2d 802 (2003).