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Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-1805. Child sexual abuse material; prohibited acts; affirmative defense; penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) It shall be unlawful for a person to knowingly make, direct, create, or in any manner generate any child sexual abuse material.

(2) It shall be unlawful for a person knowingly to purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, publish, circulate, or provide to any person any child sexual abuse material.

(3) It shall be unlawful for a person to knowingly employ, force, authorize, induce, or otherwise cause a child to appear or be depicted in any child sexual abuse material.

(4) It shall be unlawful for a parent, stepparent, legal guardian, or any person with custody and control of a child, knowing the content thereof, to consent to such child appearing or being depicted in any child sexual abuse material.

(5) For a defendant who was eighteen years of age or older but under nineteen years of age at the time of the offense, it shall be an affirmative defense to a charge made pursuant to subsection (1) of this section that:

(a) The visual depiction:

(i) Portrays a child who is fifteen years of age or older;

(ii) Was knowingly and voluntarily generated by the child depicted therein;

(iii) Was knowingly and voluntarily provided by such child; and

(iv) Portrays only one child other than the defendant;

(b) The defendant has not provided or made available the visual depiction to another person except such child; and

(c) The defendant did not coerce such child to either create or send the visual depiction.

(6) For a defendant who was under eighteen years of age at the time of the offense, it shall be an affirmative defense to a charge made pursuant to subsection (1) of this section that:

(a) The difference in age between the defendant and the child portrayed is less than four years;

(b) The visual depiction:

(i) Was knowingly and voluntarily generated by the child depicted therein;

(ii) Was knowingly and voluntarily provided by such child; and

(iii) Portrays only one child other than the defendant;

(c) The defendant has not provided or made available the visual depiction to another person except such child; and

(d) The defendant did not coerce such child to either create or send the visual depiction.

(7) Any person who is under nineteen years of age at the time he or she violates this section shall be guilty of a Class III felony for each offense.

(8) Any person who is nineteen years of age or older at the time he or she violates this section shall be guilty of a Class ID felony for each offense.

(9) Any person who violates this section and who has previously been convicted of a covered offense shall be guilty of a Class IC felony for each offense.

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Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-1805. Child sexual abuse material; prohibited acts; affirmative defense; penalty - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-1805/

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