28-813.01.
Sexually explicit conduct; visual depiction; unlawful; penalty; affirmative defense; forfeiture of property. (1) It shall be unlawful for a person nineteen years of age or older to knowingly possess any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers. Violation of this subsection is a Class IIA felony. (2) It shall be unlawful for a person under nineteen years of age to knowingly and intentionally possess any visual depiction of sexually explicit conduct which has a child other than the defendant as one of its participants or portrayed observers. Violation of this subsection is a Class I misdemeanor. A second or subsequent conviction under this subsection is a Class IV felony. (3) It shall be an affirmative defense to a charge made pursuant to subsection (2) of this section that: (a)(i) The defendant was less than nineteen years of age; (ii) the visual depiction of sexually explicit conduct portrays a child who is fifteen years of age or older; (iii) the visual depiction was knowingly and voluntarily generated by the child depicted therein; (iv) the visual depiction was knowingly and voluntarily provided by the child depicted in the visual depiction; (v) the visual depiction contains only one child; (vi) the defendant has not provided or made available the visual depiction to another person except the child depicted who originally sent the visual depiction to the defendant; and (vii) the defendant did not coerce the child in the visual depiction to either create or send the visual depiction; or (b)(i) The defendant was less than eighteen years of age; (ii) the difference in age between the defendant and the child portrayed is less than four years; (iii) the visual depiction was knowingly and voluntarily generated by the child depicted therein; (iv) the visual depiction was knowingly and voluntarily provided by the child depicted in the visual depiction; (v) the visual depiction contains only one child; (vi) the defendant has not provided or made available the visual depiction to another person except the child depicted who originally sent the visual depiction to the defendant; and (vii) the defendant did not coerce the child in the visual depiction to either create or send the visual depiction. (4) Any person who violates subsection (1) or (2) of this section and has previously been convicted of a violation of this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-833, 28-1463.03, or 28-1463.05 or subsection (1) or (2) of section 28-320 shall be guilty of a Class IC felony for each offense. (5) In addition to the penalties provided in this section, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in section 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of this section. (6) The definitions in section 28-1463.02 shall apply to this section. 28-1463.05.
Visual depiction of sexually explicit acts related to possession; violation; penalty. (1) It shall be unlawful for a person to knowingly possess with intent to rent, sell, deliver, distribute, trade, or provide to any person any visual depiction of sexually explicit conduct which has a child other than the defendant as one of its participants or portrayed observers. (2)(a) Any person who is under nineteen years of age at the time he or she violates this section shall be guilty of a Class IIIA felony for each offense. (b) 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 IIA felony for each offense. (c) Any person who violates this section and has previously been convicted of a violation of this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813, 28-833, or 28-1463.03 or subsection (1) or (2) of section 28-320 shall be guilty of a Class IC felony for each offense. In Nebraska, it is a felony to either possess or distribute sexually explicit images of a child. For those charged with possession, individuals that are eighteen and younger shall have an affirmative defense if they received a sexually explicit image of a minor, that is at least at fifteen years old, that was voluntary and knowingly created and provided by the minor, the image only depicts the one child, the defendant did not distribute the image to another person, and the defendant did not pressure the child to transmit or generate the image. http://nebraskalegislature.gov/FloorDocs/101/PDF/Final/LB97.pdf http://nebraskalegislature.gov/laws/statutes.php?statute=28-1463.03 http://nebraskalegislature.gov/laws/statutes.php?statute=28-1463.04 http://nebraskalegislature.gov/laws/statutes.php?statute=28-1463.05 http://nebraskalegislature.gov/laws/statutes.php?statute=28-813.01 Revenge porn law: (May 2019) LB630 – Change provisions relating to unlawful intrusion, sexually explicit conduct, theft, extortion, intimidation by telephone call or electronic communication, and the Sex Offender Registration Act (3) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person recorded in violation of subsection (2) of this section without that person’s consent. A first or second violation of this subsection is a Class IIA felony. A third or subsequent violation of this subsection is a Class II felony.
(4) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person’s intimate area or of another person engaged in sexually explicit conduct (a) if the other person had a reasonable expectation that the image would remain private, (b) knowing the other person did not consent to distributing or making public the image or video, and (c) if distributing or making public the image or video serves no legitimate purpose. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony.
(5) It shall be unlawful for any person to threaten to distribute or otherwise make public an image or video of another person’s intimate area https://nebraskalegislature.gov/FloorDocs/106/PDF/Final/LB630.pdf