(1) A person commits the offense of incest if he or she knowingly: (a) Intermarries or engages in sexual penetration or sexual contact with any person who falls within the degrees of consanguinity set forth in section 28-702 ; (b) Engages in sexual penetration or sexual contact with his or her stepchild who is under nineteen years of age; or (c) Engages in sexual penetration or sexual contact with his or her adopted child or foster child. (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) For purposes of this section, the definitions found in section 28-318 shall be used. (4) The testimony of a victim shall be entitled to the same weight as the testimony of victims of other crimes under this code.
Neb. Rev. Stat. § 28-703
Incest; penalty
Applied in 23 court decisions — leading case State v. Archie (2007)
Most recently applied in State v. Hagens (October 2025)
Laws 1977, LB 38, § 142; Laws 1978, LB 748, § 9; Laws 1985, LB 89, § 1; Laws 2015, LB605, § 43; Laws 2026, LB965, § 18
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.