28-319.01 Sexual assault of a child; first degree; penalty.
28-319.01. Sexual assaultof a child; first degree; penalty.(1) A personcommits sexual assault of a child in the first degree:(a) When he or she subjects another person under twelveyears of age to sexual penetration and the actor is at least nineteen yearsof age or older; or(b) When heor she subjects another person who is at least twelve years of age but lessthan sixteen years of age to sexual penetration and the actor is twenty-fiveyears of age or older.(2) Sexual assaultof a child in the first degree is a Class IB felony with a mandatory minimumsentence of fifteen years in prison for the first offense.(3) Any person who is found guilty of sexual assault of achild in the first degree under this section and who has previously been convicted(a) under this section, (b) under section 28-319 of first degree or attemptedfirst degree sexual assault, (c) under section 28-320.01 before July 14, 2006,of sexual assault of a child or attempted sexual assault of a child, (d) undersection 28-320.01 on or after July 14, 2006, of sexual assault of a childin the second or third degree or attempted sexual assault of a child in thesecond or third degree, or (e) in any other state or federal court under lawswith essentially the same elements as this section, section 28-319, or section 28-320.01 as it existed before, on, or after July 14, 2006, shall be guiltyof a Class IB felony with a mandatory minimum sentence of twenty-five yearsin prison.(4) In anyprosecution under this section, the age of the actor shall be an essentialelement of the offense that must be proved beyond a reasonable doubt. SourceLaws 2006, LB 1199, § 6; Laws 2009, LB97, § 12.