Generally speaking, states are not concerned with the sexual activities of consenting adults. But certain consensual sexual acts are considered crimes when they involve third parties in an offensive or threatening manner, such as exposing one's genitals or public sex. These laws have changed through the years to reflect changes in accepted social norms. For instance, sodomy laws once were used to criminalize non-procreative sexual acts in general (specifically targeting homosexuals) until 2003, when the U.S. Supreme Court found such laws unconstitutional.
Nebraska Laws Prohibiting Certain Consensual Sexual Acts
The state of Nebraska repealed its (consensual) sodomy laws in 1978, a full 25 years before the Supreme Court overturned all state laws targeting non-procreative sexual acts. Nebraska defines public indecency to include any act of sexual penetration done within public view of others, exposure of one's genitals in public, and the "lewd fondling" of another's genitals in public.
Additional provisions of Nebraska laws prohibiting certain kinds of consensual sexual activities are listed in the following table. See FindLaw's Sex Crimes section to learn about prohibited non -consensual sex acts.
|Sodomy Laws Applicable to||Law banning consensual sodomy repealed in 1978|
|Penalty for Sodomy||N/A|
|HIV Exposure and Compelled Testing for Offenders||29-2290 If victim of sexual assault or sex offense involving penetration requests, the court shall order HIV testing of convicted|
|Other Crimes Relating to Consensual Sex Acts||
28-806 Public indecency: Class II misdemeanor
(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:
(a) An act of sexual penetration; or
(b) An exposure of the genitals of the body done with intent to affront or alarm any person; or
(c) A lewd fondling or caressing of the body of another person of the same or opposite sex.
Note: State laws are always subject to change at any time, usually through the enactment of new legislation but sometimes through voter approved ballot initiatives, actions by higher courts, and other means. You may want to contact a Nebraska criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
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Prohibited Consensual Sexual Activity in Nebraska: Related Resources
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