Legal Question in Sexual Harassment in Nebraska

legal answer needed

I have three questions please. 1. If a person had sex with a minor (under 18yrs) is there a statue of limitations if they wanted to press charges? It was over 25 yrs ago. 2. If a person video taped another person having sex without their knowledge of it, is this a crime? 3. Is possesion of these pictures pornography? Thank you and would like to remain anynomous please!


Asked on 3/30/04, 9:36 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: legal answer needed

1. Sexual assault in the first degree under NEB REV STAT 28-319(1)(c) commonly known as "statutory rape" if s/he is over the age of 19, and the sex partner is under the age of 16. It is a class II felony punishable by a minimum of one year in prison, and a maximum of fifty years in prison. The statute of limitations is seven years after the act, or seven years after the victim's 16th birthday whichever is later. The statute of limitations is "tolled" or the clock stops whenever the offender leaves the state, or otherwise flees to avoid arrest. So if you've been out of the state, living under an alias etc. for any of the twenty five years, the whole time while you are out of state or otherwise hiding from the authorities doesn't count towards the seven year statute of limitations.

Taping a person having sex [assuming it they are not having sex in a public place or one open to public view] is a crime under Nebraska state law- it is invasion of privacy and is a misdemeanor. It may also be a felony if the sex acts and the tape is such that it is pornographic. If the tape

shows graphic sexual acts, or simulated sex acts, dealing with beastiality, sadomasochism, defecation or urination and has little or no scientific or artistic value it is pornography. This is measured by "comunity standards" which can be tough to guess at.

If any of the persons depicted are under 18 years of age, and are engaging in sex acts, simulating sex acts, or if the tape depicts their genitals, breasts, anus etc in a manner calculated to appeal to the purient interest, and not for scientific, or medical use- it is child pornography which is both a state and federal felony. Both of which have hefty fines and long prison terms.

To have definite answers you would need to give a full detailed account to an experienced attorney who would review the particular items and events and could then give you specific advice. The comments above are not directed at your specific case, but are general statements about the law in Nebraska. Check with an attorney as soon as possible concerning how your questions would apply to you.

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Answered on 3/31/04, 2:12 pm


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