NEBRASKA

CHILD SEX ABUSE SOLs

 

CURRENT CIVIL SOL

In Nebraska, there is no civil SOL for claims against perpetrators of sexual assault of a child. Civil claims against other types of defendants for sexual assault of a child are capped at age 33 (age of majority, 21, plus 12 years). Claims for injury resulting from other child sex abuse crimes are capped at age 25 (age of majority,  21, plus 4 years).

CIVIL SOL SNAPSHOT

AGE CAP

None against perpetrators of sex assault

Age 33 against other defendants for sex assault

Age 25

DISCOVERY TOLLING

NONE

REVIVAL LAW

NONE

Changes Since 2002:

Age Cap: Since 2002, the SOL for claims of child sex abuse in Nebraska was age 25 (age of majority,  21, plus 4 years).  In 2012, it added an SOL of age 33 (age of majority, 21, plus 12 years) for victims of the crime of sex assault of a child. Then in 2017, Nebraska eliminated the civil SOL for claims against individuals directly causing an injury suffered from the crime of sexual assault of a child.

Discovery:  Nebraska has not recognized a common law or statutory discovery rule applicable to child sexual abuse claims.

Revival Law:  Nebraska has not passed a window or other SOL revival legislation since 2002.

CURRENT NEBRASKA CIVIL LAW

Neb. Rev. Stat. § 25-228. - Action by victim of sexual assault of a child; when

(1) Notwithstanding any other provision of law:

(a) There shall not be any time limitation for an action against the individual or individuals directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 if such violation occurred (i) on or after August 24, 2017, or (ii) prior to August 24, 2017, if such action was not previously time barred; and

(b) An action against any person or entity other than the individual directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 may only be brought within twelve years after the plaintiff’s twenty-first birthday.

(2) Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.

Neb.Rev.St. § 25-207 - Actions for trespass, conversion, other torts, and frauds; exceptions

The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.

Neb.Rev.St. § 25-213 - Tolling of statutes of limitation; when

Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscellaneous Claims Act, or the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, except for a penalty or forfeiture, for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages thereon, is, at the time the cause of action accrued, within the age of twenty years, a person with a mental disorder, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by Chapter 25 after such disability is removed. For the recovery of the title or possession of lands, tenements, or hereditaments or for the foreclosure of mortgages thereon, every such person shall be entitled to bring such action within twenty years from the accrual thereof but in no case longer than ten years after the termination of such disability. Absence from the state, death, or other disability shall not operate to extend the period within which actions in rem are to be commenced by and against a nonresident or his or her representative.

Case law

CURRENT CRIMINAL SOL

In Nebraska, the state has eliminated the SOL for most child sex abuse felonies. 

CRIMINAL SOL SNAPSHOT

 

INCEST

No SOL Neb. Rev. Stat.  § 29-110

1ST-3RD DEGREE SEXUAL ASSAULT OF CHILD

No SOL Neb. Rev. Stat.  § 29-110

1ST AND 2ND DEGREE SEXUAL ASSAULT

No SOL Neb. Rev. Stat.  § 29-110

3RD DEGREE SEXUAL ASSAULT UNDER AGE 16

No SOL Neb. Rev. Stat.  § 29-110

SEX TRAFFICKING

No SOL Neb. Rev. Stat.  § 29-110

MAKE AND DISTRIBUTE VISUAL DEPICTION SEXUALLY EXPLICIT CONDUCT

No SOL Neb. Rev. Stat.  § 29-110

POSSESSION VISUAL DEPICTION SEXUALLY EXPLICIT CONDUCT

Age 25 Neb. Rev. Stat.  § 29-110

OBSCENE MATERIAL UNDER AGE 16

Later of age 23 or 7 years after offense Neb. Rev. Stat.  § 29-110

DEBAUCHING A MINOR

Later of age 23 or 7 years after offense Neb. Rev. Stat.  § 29-110

CHILD ABUSE

Later of age 23 or 7 years after offense

Neb. Rev. Stat.  § 29-110

SEXUAL ABUSE BY A SCHOOL EMPLOYEE

3 years after offense Neb. Rev. Stat.  § 29-110

OTHER RELATED FELONIES

3 years after offense Neb. Rev. Stat.  § 29-110

MISDEMEANORS

18 months after offense Neb. Rev. Stat.  § 29-110

DNA SNAPSHOT

 

NO DNA STATUTE


Changes Since 2002:

As of 2002 in Nebraska, the criminal SOL for many child sex abuse felonies and misdemeanors was age 23 (age 16, plus 7 years) or 7 years after the offense, whichever is later.  Any remaining felonies had an SOL of 3 years from the crime and misdemeanors had an SOL of 18 months from the crime, or only 1 year if the punishment was restricted to a $100 fine or a three-month prison sentence.  In 2004, Nebraska eliminated the criminal SOL for felony first-degree sexual assault of a child and felony first, second and misdemeanor third-degree sexual assault if the victim is under age 16.  It was amended in 2005 to eliminate the SOL for felony first and second-degree sexual assault without a limitation on the victim’s age.  It was amended again in 2006 to add felony sexual assault of a child in the second and third-degrees and in 2009 added felony incest to the list of eliminated offenses.  A 2019 amendment eliminated the SOL for felony sex trafficking of minors and felony child pornography and extended the SOL to 7 years after the victim reaches age 18 for lower levels of these offenses.  In 2020, Nebraska added a new crime: sexual contact of a student age 16-18 by a school employee with an SOL of 3 years from the offense. It also extended the criminal SOL for failure to report child abuse or neglect to 18 months after the offense or age 19 and a half (age 18 plus 1 1/2 years).

 

CURRENT NEBRASKA CRIMINAL LAW

Neb. Rev. Stat. Ann. § 29-110 - Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions

(1) Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed before the magistrate within three years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(2) Except as otherwise provided by law, no person shall be prosecuted, tried, or punished for any misdemeanor or other indictable offense below the grade of felony or for any fine or forfeiture under any penal statute unless the suit, information, or indictment for such offense is instituted or found within one year and six months from the time of committing the offense or incurring the fine or forfeiture or within one year for any offense the punishment of which is restricted by a fine not exceeding one hundred dollars and to imprisonment not exceeding three months.

(3) Except as otherwise provided by law, no person shall be prosecuted for kidnapping under section 28-313, false imprisonment under section 28-314 or 28-315, child abuse under section 28-707, pandering under section 28-802, debauching a minor under section 28-805, or an offense under section 28-813 when the victim is under sixteen years of age at the time of the offense (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s sixteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s sixteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(4) Except as otherwise provided by law, no person shall be prosecuted for a violation of subsection (2) or (3) of section 28-831 (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(5) Except as otherwise provided by law, no person shall be prosecuted for an offense under section 28-813.01 or 28-1463.05 (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(6) No person shall be prosecuted for a violation of the Securities Act of Nebraska under section 8-1117 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(7) No person shall be prosecuted for criminal impersonation under section 28-638, identity theft under section 28-639, or identity fraud under section 28-640 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(8) No person shall be prosecuted for a violation of section 68-1017 if the aggregate value of all funds and other benefits obtained or attempted to be obtained is five hundred dollars or more unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(9) No person shall be prosecuted for knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult under section 28-386 unless the indictment for such offense is found by a grand jury within six years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within six years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(10) There shall not be any time limitations for prosecution or punishment for treason, murder, arson, forgery, sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01, incest under section 28-703, sexual assault of a child in the first degree under section 28-319.01, labor trafficking of a minor or sex trafficking of a minor under subsection (1) of section 28-831, or an offense under section 28-1463.03; nor shall there be any time limitations for prosecution or punishment for sexual assault in the third degree under section 28-320 when the victim is under sixteen years of age at the time of the offense.

(11) The time limitations prescribed in this section shall include all inchoate offenses pursuant to the Nebraska Criminal Code and compounding a felony pursuant to section 28-301.

(12) The time limitations prescribed in this section shall not extend to any person fleeing from justice.

(13) When any suit, information, or indictment for any crime or misdemeanor is limited by any statute to be brought or exhibited within any other time than is limited by this section, then the suit, information, or indictment shall be brought or exhibited within the time limited by such statute.

(14) If any suit, information, or indictment is quashed or the proceedings set aside or reversed on writ of error, the time during the pendency of such suit, information, or indictment so quashed, set aside, or reversed shall not be reckoned within this statute so as to bar any new suit, information, or indictment for the same offense.

(15) The changes made to this section by Laws 2004, LB 943, shall apply to offenses committed prior to April 16, 2004, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(16) The changes made to this section by Laws 2005, LB 713, shall apply to offenses committed prior to September 4, 2005, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(17) The changes made to this section by Laws 2009, LB 97, and Laws 2006, LB 1199, shall apply to offenses committed prior to May 21, 2009, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(18) The changes made to this section by Laws 2010, LB 809, shall apply to offenses committed prior to July 15, 2010, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(19) The changes made to this section by Laws 2016, LB 934, shall apply to offenses committed prior to April 19, 2016, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(20) The changes made to this section by Laws 2019, LB 519, shall apply to offenses committed prior to September 1, 2019, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the Texas SOL in a particular case, contact a lawyer in the state.

IT'S EASY TO DONATE TO CHILD USA

                                               

CONTACT US

info@childusa.org

215.539.1906

3508 Market Street

Suite 202

Philadelphia, PA 19104

 

 

JOIN OUR NEWSLETTER


By submitting this form, you are consenting to receive marketing emails from: CHILD USA, 3508 MARKET STREET, Philadelphia, PA, 19104. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact