In Nebraska, it is a crime to engage in sex for money or promote the commercial sex trade.
For more information on prostitution laws generally, see Prostitution.
In Nebraska, a person commits the crime of prostitution by performing, offering, or agreeing to perform sexual activity in exchange for money or something else of value.
(Neb. Stat. Rev. Ann. § 28-801.)
Nebraska’s prostitution law is aimed at people who sell sex. People who buy (or try to buy) sex are usually charged with solicitation, explained below.
A defendant commits the crime of solicitation by asking a person to commit a sex act in exchange for money or something else of value.
(Neb. Stat. Rev. Ann. § 28-801.01.)
For example, a person who asks an undercover officer to engage in oral sex for money could be convicted of solicitation.
Laws against pandering are aimed at third parties who benefit from or facilitate the prostitution of others. Generally, in order to be convicted of pandering, the defendant must be aware that prostitution is occurring.
For more information on pandering laws generally, see Pimping and Pandering.
Under Nebraska’s laws, a person commits the crime of pandering by:
- enticing someone to become a prostitute
- procuring a person to work in a house of prostitution
- encouraging or causing a person to come into or leave Nebraska for the purpose of prostitution, or
- paying someone to do or earning money for doing any of the above.
Pandering is punished more severely if the person prostituted is under the age of 18.
(Neb. Stat. Rev. Ann. § 28-802.)
For example, a person who hires someone to work at a massage parlor and engage in sexual activity for money could be convicted of pandering.
It is also a crime in Nebraska to keep a place of prostitution (permit property you control to be used for prostitution with your knowledge) or take a child under the age of 17 to a place of prostitution or to visit a prostitute.
(Neb. Stat. Rev. Ann. §§ 28-804, 28-805.)
People who engage in prostitution, pandering, and keeping a place of prostitution can also be charged with racketeering (organized criminal activity) in Nebraska.
(Neb. Stat. Rev. Ann. § 28-1354.)
For more information on racketeering prosecutions, see State RICO Laws.
In Nebraska, marriage is a defense to a charge or prostitution or solicitation. Marriage is not a defense to a charge of pandering.
(Neb. Stat. Rev. Ann. §§ 28-801, 28-801.01, 28-803.)
For example, a husband cannot be convicted of soliciting his wife, but he could be charged with pandering if he encourages her to become a prostitute.
Prostitution is a Class II misdemeanor if it is the defendant’s first or second offense. Class II misdemeanors are punishable by up to six months in jail, or a fine of up to $1,000, or both. Third and subsequent convictions for prostitution are Class I misdemeanors, punishable by up to one year in jail, or a fine of up to $1,000, or both.
Solicitation is a Class I misdemeanor if it is the defendant’s first or second offense, and the court must impose a fine of at least $250. Third and subsequent convictions are Class IV felonies, punishable by up to five years’ imprisonment and a fine of up to $10,000; and the court must impose a fine of at least $500.
The court can also order a defendant convicted of prostitution or solicitation to attend a substance abuse program or undergo a mental health assessment.
Pandering is a Class IV felony, punishable by up to five years’ imprisonment and a fine of up to $10,000.
If the person prostituted is under the age of 18, or if the defendant has previously been convicted of pandering, pandering is a Class III felony, punishable by one to twenty years’ imprisonment and a fine of up to $25,000.
Keeping a place of prostitution and taking a child to a place of prostitution are Class I misdemeanors, punishable by up to one year in jail, or a fine of up to $1,000, or both.
(Neb. Stat. Rev. Ann. §§ 28-105, 28-106, 28-801, 28-801.01, 28-802, 28-804.)
Sex offender registration
People convicted of pandering a minor are required to register as sex offenders in Nebraska.
(Neb. Stat. Rev. Ann. §§ 29-4003, 29-4004.)
Under Nebraska’s laws, teachers and school administrators may be fired for “immorality.” A conviction for prostitution or a related crime may be considered “immoral.” Similar provisions may apply to other jobs as well.
(Neb. Stat. Rev. Ann. § 79-827.)
Obtaining Legal Assistance
If you are charged with prostitution, solicitation, or pandering, you should contact a Nebraska criminal defense attorney today. A criminal conviction can have serious, lasting consequences, and an attorney can help you prepare the strongest defense and achieve the best outcome possible under the circumstances.