Nebraska Sexting Laws: Legal Consequences and Penalties

Nebraska Teen Sexting Laws & Defenses

Nebraska does not have a single "teen sexting" statute that automatically applies to all minors. Instead, the state addresses teen sexting through a combination of lesser penalties for possession by minors and affirmative defenses found in Neb. Rev. Stat. § 28-1805 (formerly § 28-813.01) and related sections.

Possession by a Person Under 19

Under Nebraska law (specifically the provisions transferred to § 28-1803/1805), it is unlawful for a person under nineteen years of age to knowingly and intentionally possess a visual depiction of sexually explicit conduct involving a minor. However, the law distinguishes this from adult possession:

• Class I Misdemeanor: A first offense for possession by a person under 19 is generally treated as a Class I misdemeanor rather than a felony.
• Class IV Felony: A second or subsequent conviction becomes a Class IV felony.

Affirmative Defenses ("Romeo and Juliet" Exceptions)

The most critical protection for teens is the affirmative defense. This is not automatic immunity; the defendant must prove these conditions were met to avoid conviction. An affirmative defense generally applies if:

• The defendant was under 19 years of age.
• The depicted person was at least 15 years of age.
• The image was created and provided voluntarily and knowingly.
• The image depicts only the person who sent it (no third parties).
• The defendant did not distribute the image to anyone else.
• The defendant did not coerce or pressure the other person to send the image.

If all these conditions are met, the court may dismiss the charges. This effectively decriminalizes consensual, private sexting between teenagers who are close in age, provided no distribution occurs.

Penalties for Teen Sexting

If the affirmative defense does not apply (for example, if the teen distributed the image or the other minor was under 15), the penalties are determined by the classification of the offense.

Misdemeanor Penalties (Under 19)

For a first offense of simple possession by a minor:

• Class I Misdemeanor: Punishable by up to 1 year in jail and/or a $1,000 fine.
• Impact: While less severe than a felony, a misdemeanor conviction results in a criminal record that can affect college applications and employment.

Felony Penalties

If the offense involves distribution (sending the image to others) or if it is a second offense:

• Class IV Felony: Punishable by up to 2 years imprisonment and 12 months of post-release supervision, plus a fine of up to $10,000.
• Class IB/IC Felony: If charged under the main child pornography statutes (e.g., for manufacturing/production), penalties can skyrocket to mandatory minimums of 20 years or more.

Child Pornography Laws

When sexting falls outside the specific protections for minors, it is prosecuted under Nebraska's severe child pornography statutes, primarily § 28-1463.03 (Visual depiction of sexually explicit conduct) and § 28-1463.05 (Possession).

Visual Depiction (§ 28-1463.03)

It is unlawful to knowingly make, publish, direct, create, provide, or generate any visual depiction of sexually explicit conduct which has a child as one of its participants. This statute is incredibly broad and carries severe penalties.

• Penalty: Typically a Class IB Felony (20 years to Life imprisonment).
• Repeat Offense: Class IC Felony (Mandatory minimum 50 years to Life).

Possession (§ 28-1463.05)

It is unlawful to knowingly possess any visual depiction of sexually explicit conduct involving a child.

• Penalty: Generally a Class IIA Felony (up to 20 years imprisonment).
• Exception: As noted above, possession by a person under 19 may be downgraded to a misdemeanor.

Revenge Porn Laws (§ 28-311.08)

Nebraska addresses non-consensual image sharing ("revenge porn") under Neb. Rev. Stat. § 28-311.08, titled "Unlawful Intrusion; Unlawful Distribution."

What is Prohibited?

It is a crime to knowingly distribute an image or video of another person's intimate area or of another person engaged in sexually explicit conduct if:

• The distribution is without the person's consent.
• The intent is to intimidate, threaten, or harass.
• The person depicted had a reasonable expectation of privacy.

The law also prohibits threatening to distribute such material to cause fear or intimidation.

Penalties

• Class IV Felony: Up to 2 years imprisonment, 12 months post-release supervision, and/or a $10,000 fine.
• Sex Offender Registration: Depending on the circumstances and the victim's age, a conviction might trigger registration requirements.

Adults Sexting With Minors

Adults (19 and over) who sext with minors do not benefit from the "Romeo and Juliet" affirmative defenses. They face the full force of Nebraska's child pornography and child enticement laws.

Relevant Offenses

• Visual Depiction (§ 28-1463.03): If an adult asks a minor to send a nude photo, they may be charged with "directing" or "causing" the production of child pornography. This is a Class IB Felony.
• Electronic Enticement (§ 28-311.08 or similar): Using the internet or apps to solicit sexual conduct from a minor is a serious felony offense.
• Contributing to the Delinquency of a Minor (§ 28-709): A Class I misdemeanor, often used as a lesser included offense or plea option.

Sex Offender Registration

Nebraska has strict sex offender registration laws under the Sex Offender Registration Act (SORA). Convictions for most felonies involving sexual conduct with a minor,including child pornography possession and distribution,require registration.

• Duration: Registration can be for 15 years, 25 years, or life, depending on the tier of the offense.
• Public Registry: Registrants are listed on a public website with their photo, address, and offense details.
• Teen Exemptions: Courts have discretion regarding registration for certain juvenile adjudications, but this is not guaranteed. A key goal of the affirmative defense in teen sexting cases is to avoid the felony conviction that triggers mandatory registration.

More Nebraska Laws

• Nebraska Lemon Laws
• Nebraska Hit and Run Laws
• Nebraska Statute of Limitations
• Nebraska Dog Bite Laws
• Nebraska Recording Laws
• Nebraska Whistleblower Laws
• Nebraska Car Seat Laws
• Nebraska Child Support Laws