Criminal Statutes of Limitations
Nebraska

Last Updated: December 2017
Sexual assault, first degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-319.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual assault of a child, first degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-319.01.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual assault, second or third degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit to begin legal proceedings against a perpetrator of this crime; unless
  2. Victim is over 16 and the crime is sexual assault in the third degree, in which case suit, information or indictment must be instituted or found within one year and six months after commission of the offense; unless
  3. The crime is punishable by less than three months in jail and a $100 fine, in which case the time limit is one year.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-320.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual assault of a child, second or third degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-320.01.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual assault; use of electronic communication device Answer

What is the statute of limitations for this crime?

  • For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28.320.02.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual abuse of an inmate or parolee, first degree Answer

What is the statute of limitations for this crime?

  • For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-322.02.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual abuse of an inmate or parolee, second degree Answer

What is the statute of limitations for this crime?

  • For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-322.03.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexual abuse of a protected individual (an individual in the care or custody of the Department of Health and Human Services) Answer

What is the statute of limitations for this crime?

  1. For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-322.04.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Incest Answer

What is the statute of limitations for this crime?

  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-703.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Child Abuse Answer

What is the statute of limitations for this crime?

  1. If the victim is under 16 years of age at the time of the offense, the indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-707.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Pandering Answer

What is the statute of limitations for this crime?

  1. The indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-802.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Debauching a minor Answer

What is the statute of limitations for this crime?

  1. The indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued.

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-805.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.





Sexually explicit conduct; visual depiction Answer
What is the statute of limitations for this crime?
  1. If the victim is under 16 at the time of the offense, the indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued; or
  2. If the victim is over 16 at the time of the offense, for all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued

Statutory citation(s):

  1. Citation for the crime: Neb. Rev. Stat. § 28-813.01.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110





Are there any exceptions to the statute of limitations laws? Answer
Exceptions

None specified.






Anything else I should know? Answer
Anything else I should know?
    • Neb. Rev. Stat. § 28-111 Enhanced penalty; enumerated offenses
      • Any person who commits sexual assault in the first degree (§ 28-319), sexual assault in the second or third degree (§ 28-320), sexual assault of a child (§§ 28-319.01 and 28-320.01), against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person’s association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense, unless such criminal offense is already punishable as a Class IB felony or higher classification.
      • If such enhanced penalty exists, please see Neb. Rev. Stat § 29-110 for further details about the statute of limitations for that crime. 
    • Civil Actions
      • Neb. Rev. Stat. § 25-207 Actions for trespass, conversion, other torts and frauds; exceptions.
        • Civil action for an injury to the right of the plaintiff, not arising in contract, can only be brought within 4 years.
      • Neb. Rev. Stat. § 25-228 Civil action by victim of sexual assault of a child can only be brought within twelve years after attaining the age of 21.
      • Neb. Rev. Stat. § 28-113 Civil action authorized—statute of limitations; proof required
        • A person against whom a violation of § 28-111 has been committed may bring a civil action for equitable relief, general and special damages, reasonable attorney’s fees and costs.
        • A civil action brought pursuant to this section must be brought within 4 years after the date of violation of § 28-111.








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