Nebraska Child Pornography Laws

In Nebraska, it is a crime to knowingly possessing a visual depiction, such as a photo or computer image, of a child participating in or observing sexually explicit conduct. Under federal child pornography statutes, producing, buying, selling, distributing, receiving, transporting, and shipping child pornography is also a crime.

Additionally, under federal law, the child need not be engaged in sexually explicit conduct for it to be crime. It is enough if the image itself is sexually suggestive, such as a naked child posing suggestively. The following is a summary of Nebraska's child pornography laws.

Nebraska Child Pornography Laws

The following table outlines Nebraska's child pornography laws.

Code Sections

NEB. REV. STAT. § 28-813.01

18 U.S.C. § 2251 et seq.

What is Prohibited?

In Nebraska, it is illegal to possess a visual depiction such as a photo or computer image of a child participating in or observing sexually explicit conduct.

Under the federal law, it is also a crime to produce, buy, sell, possess, distribute, receive, transport, and ship child pornography.

Penalties

A person who was under 19 years of age when he or she committed the crime of possession of child pornography is guilty of a Class 4 felony punishable by up to 5 years in prison and up to $10,000 in fines. If the person was 19 years of age or older at the time of the crime, it is a Class 3 felony punishable by up to 20 years in prison and up to $25,000 in fines.

Under the federal law, the crimes of producing, buying, selling, possessing, distributing, receiving, transporting, and shipping child pornography are punishable by maximum prison times of 10-30 years in addition to fines. The prison time may be enhanced for subsequent offenses.

Defenses

Under Nebraska's child pornography statute, it is a defense if the defendant is the person depicted or the defendant was less than 19 years of age, did not provide the depiction to anyone else, and the child in the image was the only child depicted, at least 15 years of age, and knowingly and voluntarily provided the image to the defendant.

Nebraska Child Pornography Laws: Related Resources

If you have reason to believe someone you know is involved in child pornography, you should report it to the authorities immediately. If you have been charged with a child pornography crime or would like legal assistance with a child pornography matter, you can contact a Nebraska criminal defense attorney.

You can also visit FindLaw’s sections on Child Pornography, Sex Crimes, and Sex Offender Registry for more articles and information on this topic.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.