Child pornography involves the illegal depiction of minors in sexually explicit material, carrying severe legal consequences upon conviction. The following information is an overview on child pornography laws in Nebraska. It covers what Nebraska considers illegal, the potential defenses, the role of a criminal defense lawyer, and the implications of a conviction.
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Liberty Law Group stands out in defending against child pornography charges through a meticulous approach rooted in legal expertise and a commitment to due process. We prioritize safeguarding constitutional rights while navigating the complexities of these sensitive cases.
If you or a loved one has been charged or is under investigation for Child Pornography, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
Child Pornography in Nebraska
- How Child Pornography is Defined in Nebraska
- Common Terminology in Child Pornography Law
- Penalties for Child Pornography in Nebraska
- Defenses Used by Lawyers Against Child Pornography Charges
- How a Defense Lawyer Can Help Someone Charged With Child Pornography
- Additional Resources
What is Child Pornography in Nebraska?
In Nebraska, child pornography is defined under the Child Pornography Prevention Act. This Act provides detailed descriptions of what constitutes child pornography, focusing primarily on visual depictions involving minors in sexually explicit conduct.
Producing Child Pornography
Nebraska Revised Statute 28-1463.03 makes it unlawful for any person to knowingly engage in various activities related to the creation and distribution of child pornography. This includes the production, publication, direction, or generation of visual depictions of sexually explicit conduct involving a child. It also covers the purchase, sale, delivery, distribution, or provision of such material. Also, the law prohibits employing, coercing, or causing a child to participate in sexually explicit conduct for visual depiction.
The penalties for violations of Nebraska Revised Statute 28-1463.03 are severe. Offenders under the age of 19 at the time of the offense are subject to Class III felony charges for each offense, potentially leading to 0-4 years in prison, 9-24 months of post-release supervision, and/or fines up to $25,000. For offenders aged 19 or older, the charges escalate to a Class ID felony for each offense, carrying a penalty of 3-50 years in prison.
Possessing Child Pornography With the Intent to Distribute
Nebraska Revised Statute 28-1463.05 criminalizes the possession of visual depictions of sexually explicit conduct involving a child, where the individual intends to rent, sell, deliver, distribute, or provide them to others. Offenders under 19 years old during the time of the offense are charged with a Class IIIA felony for each offense, which includes penalties of 0-3 years in prison, 9-18 months of post-release supervision, and/or fines up to $10,000. Offenders 19 years or older face Class IIA felony charges for each offense, with potential imprisonment for 0-20 years. Repeat offenders with previous related convictions face Class IC felony charges, with each offense punishable by 5-50 years in prison.
Possession of Sexually Explicit Conduct
In Nebraska, possession of sexually explicit conduct is defined under Nebraska Revised Statute 28-813.01. It’s illegal to knowingly have any visual depiction that contains sexually explicit conduct involving a child (defined as someone under 18 years of age) as a participant or observer. This act, if committed by an individual 19 years of age or older, is considered a Class IIA felony punishable by 0-20 years in prison.
The initial offense for individuals under 19 is a Class I misdemeanor punishable by up to 1 year in jail and/or up to a $1,000 fine. However, a second or subsequent conviction under this statute escalates to a Class IV felony that is punishable by 0-2 years behind bars, followed by 9-12 months of post-release supervision and/or up to a $10,000 fine.
Nebraska offers alternative sentencing options, including probation and post-plea programs, under specific conditions. Probation is typically granted for up to five years for felonies or second-offense misdemeanors and two years for first-offense misdemeanors. However, failure to comply with probation conditions can result in its revocation and the imposition of the original or a new sentence, including imprisonment. Probation is not available for certain habitual offenders or felony offenders with mandatory minimum sentences.
Child Pornography Terminology
The term child in the context of child pornography is defined as any person under the age of eighteen years. However, in the case of an observer, a child is considered to be any person under the age of sixteen years.
Erotic fondling, under Nebraska law, means touching someone’s genitals, pubic area, or, in the case of females, breasts. Another aspect is erotic nudity, which involves the display of the genitals, pubic area, or female breasts. This includes the developing breast area of the female child.
Sexually explicit conduct, as defined by Nebraska law, encompasses a wide range of activities. These include real or simulated sexual intercourse, masturbation, sadomasochistic abuse, erotic fondling, and erotic nudity.
Under Nebraska law, visual depiction includes live performances, photographic representations, and any video or film, or data stored on a computer disk or by other electronic means capable of conversion into a visual image. This includes photographs, films, videos, pictures, digital images, or computer-displayed images, videos, or pictures.
What are Some Defenses to Child Pornography in Nebraska?
One potential defense is questioning the definition of ‘child’ under Nebraska law. This involves scrutinizing whether the individuals in the material are under the age designated by the law (under eighteen or, in certain contexts, under sixteen). Another defense might focus on the specific categories of prohibited conduct, such as challenging whether the depicted conduct falls within the legal definitions of erotic fondling, erotic nudity, or sexually explicit conduct.
A defense could also be centered around the intent and knowledge of the defendant. The Nebraska child pornography laws imply a requirement for the defendant to have knowingly engaged in the prohibited conduct. Therefore, a defense could argue that the defendant was unaware of the nature of the material or did not intentionally seek, create, or distribute child pornography.
Technical defenses are also viable, particularly focusing on how the evidence was obtained. If the evidence was acquired in violation of constitutional rights, such as through illegal search and seizure, it may be possible to have it excluded from the trial.
In Nebraska, entrapment might be another defense, especially in cases where the defendant was induced to commit the offense by law enforcement officers or their undercover agents. However, this defense is complex and requires evidence that the defendant would not have committed the offense without police involvement.
Finally, under Nebraska Revised Statute 28-813.01, a person under 19 years old has a specific defense against charges for possessing a sexually explicit image of a minor. This defense applies if the image features only one minor who is at least 15 years old and sent the image voluntarily, without being coerced. Additionally, the person charged must not have shared the image with anyone else and should be within four years of age of the minor in the image, if they are under 18.
How Can a Criminal Defense Lawyer Help Someone Facing Child Pornography Charges
A criminal defense lawyer plays a major role in representing a client charged with child pornography or other sex crimes in Nebraska. The lawyer provides legal guidance and represents the client’s interests throughout the legal process. This includes analyzing the evidence, identifying any procedural errors or violations of rights, and developing a defense strategy. The lawyer also negotiates with prosecutors, potentially securing a plea deal or reduced charges. In court, they present arguments, challenge the prosecution’s evidence, and strive to ensure a fair trial. Overall, they aim to get the best results for the client given the circumstances.
Additional Resources
Nebraska Internet Crimes Against Children (ICAC) Task Force Visit the official website for the U.S. Office of Juvenile Justice and Delinquency Prevention to learn more about funding awards for the Nebraska Internet Crimes Against Children (ICAC) Task Force. This page provides clarity and insight as to what this task force does in Nebraska and how it affects those who are accused of possession, manufacture, and/or distribution of child pornography in the state.
Child Pornography Prosecution Example in Context – Visit the official website for the United States Attorney’s Office for the District of Nebraska to learn more about a case of child pornography prosecution in greater context.
Find a Defense Lawyer for Child Pornography Charges | Liberty Law Group
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Child Pornography, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
