2017 Nebraska Revised Statutes
28-703 Incest; penalty.

Universal Citation: NE Code § 28-703 (2017)


Incest; penalty.

(1) Any person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 or any person who engages in sexual penetration with his or her stepchild who is under nineteen years of age commits incest.

(2) Incest is a Class III felony, except that incest with a person who is under eighteen years of age is a Class IIA felony.

(3)(a) For purposes of this section, the definitions found in section 28-318 shall be used.

(b) The testimony of a victim shall be entitled to the same weight as the testimony of victims of other crimes under this code.


  • Laws 1977, LB 38, § 142;
  • Laws 1978, LB 748, § 9;
  • Laws 1985, LB 89, § 1;
  • Laws 2015, LB605, § 43.

Cross References

  • Registration of sex offenders, see sections 29-4001 to 29-4014.


  • Incest of an adult is not a registrable offense under the Sex Offender Registration Act. State v. Aguilar-Moreno, 17 Neb. App. 623, 769 N.W.2d 784 (2009).

  • For purposes of the incest statute, a "minor" is defined as a child under the age of 19. State v. Johnson, 12 Neb. App. 247, 670 N.W.2d 802 (2003).

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