Laws Pertaining to Sexting in the State of Nebraska

In 2009, the State of Nebraska passed a law making it a STATE crime to send sexually explicit images of a minor by way of text messaging. In general, under Nebraska law individuals under the age of 18 will not be prosecuted for receiving a sexually explicit image of a minor 15 years of age or older, provided that, the image was taken voluntarily by the subject of the image and the recipient of the image does not distribute the image to anyone else.

Legislative Summary

Nebraska passed legislation in 2009 that addressed the issue of teenage sexting. In general, under the law, individuals under 18 years of age or younger will not be prosecuted if they receive a sexually explicit image of a minor, who is at least 15 years of age, via text message and the subject of the image voluntarily created the image. If the recipient of the image distributes the image to anyone then such individual will be subject to prosecution under Nebraska’s child pornography statute and may receive jail time. It should be noted however, that the sending or taking of an image of a minor engaged in sexual activity is still a crime and the sender or taker of such an image, even if the sender or taker is a minor, will not be afforded the same leniency afforded the recipient of the image under the law.

Law and Punishment

In general, under Nebraska’s child pornography laws it is a crime to:

  • Knowingly make, publish, direct, create, provide, or in any manner generate an image of a minor engaged in sexual conduct.
  • Knowingly purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, or provide to any person an image of a minor engaged in sexual conduct.
  • Knowingly employ, force, authorize, induce, or otherwise cause a child to engage in sexual conduct.
  • Knowingly possess with intent to rent, sell, deliver, distribute, trade, or provide to any person any image of a minor engaged in sexual conduct.

If convicted an individual could face up to 20 years in jail and/or a fine. In addition, the offender will generally need to register as a sex offender.

sobering reality

Sexting by minors is illegal.

Up to 20 years in jail plus significant fines if convicted of a felony.

Register as a sex offender.

Latest News Concerning Sexting in Nebraska

Man arrested for allegedly sexting with girl | May 11, 2012

Sexting Sends Man Behind Bars

NBC 6 Omaha | May 8, 2012

Judge rejects challenge to teen's sexting case | March 30, 2012

Ex-youth coach accused of sexting

Omaha World Herald | February 2, 2012

Man arrested after sexting child

Beatrice Daily Sun | April 29, 2011

Crofton man gets prison in child porn case

Omaha World-Herald | April 26, 2011

Ex-teacher pleads not guilty of 'sexting'

Columbus Telegram | April 14, 2011

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