The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In Nebraska, sexual assault is defined under the state's penal code and is categorized into different degrees based on the severity of the offense. First-degree sexual assault involves sexual penetration without consent and can be classified as a Class II felony, which becomes a Class IB felony if the victim is under 16 years old. Second-degree sexual assault does not involve penetration but includes sexual contact or touching against a person's will or when the victim is incapable of giving consent, and it is a Class I misdemeanor or a Class IIIA felony depending on the circumstances. Nebraska law also recognizes third-degree sexual assault, which involves nonconsensual sexual contact with a person over 12 years old, and is a Class I misdemeanor. The state's statutes address consent and the various circumstances under which an individual cannot legally give consent, such as due to age or mental incapacity. It is important to note that Nebraska law may use different terminology or have different classifications for offenses that are similar to what other states might refer to as rape, sexual battery, or forcible touching.