Sexual assault is any action where a person intentionally touches another person or engages in sexual misconduct without the consent of the other party. In Omaha, like the rest of Nebraska, sexual assault is broken down into three different degrees:
First Degree Sexual Assault – According to Nebraska Revised Statute 28-319, sexual assault in the first degree occurs when any person subjects another person to sexual penetration either without the consent of the victim, knowing the victim was mentally or physically incapable of resisting or appraising, or when the actor is at least twelve years of age but less than 16. Sexual Assault in the first degree is a Class II felony.
Second Degree Sexual Assault – Sexual assault in the second degree occurs when any person causes serious personal injuries to the victim while subjecting them to sexual contact without either the consent of the victim or knowing that the victim was physically or mentally incapable of resisting or appraising. Sexual Assault in the second degree is a Class IIA felony.
Third Degree Sexual Assault - Sexual assault in the third degree occurs when any person subjects another individual to sexual contact without either the consent of the victim or knowing that the victim was physically or mentally incapable of resisting or appraising. Sexual assault in the third degree is a Class I misdemeanor.