Nebraska Child Pornography Laws

NEB. REV. STAT. § 28-813.01

18 U.S.C. § 2251 et seq.

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.

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.

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.