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Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1463.02 (2026)

✓ current as of July 2026
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28-1463.02.

Transferred to section 28-1802.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1987–2024 · leading case: State v. Mather, 646 N.W.2d 605 (Neb. 2002).
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State v. Mather, 646 N.W.2d 605 (Neb. 2002). · cites it 16× “” Neb. Rev. Stat. § 28-1463.02 (6) (Reissue 1995).”
State v. Smith, 292 Neb. 434 (Neb. 2016). · cites it 9× “[25] All three counts involve charges that Smith violated Neb. Rev. Stat. § 28-1463.03 (1) (Reissue 2008), which makes it “unlawful for a person to knowingly make, publish, direct, create, provide, or in any manner generate any visual depic- tion of sexually explicit conduct…”
State v. Nuss, 781 N.W.2d 60 (Neb. 2010). · cites it 6× “The court found Nuss guilty of knowingly possessing visual depictions of sexually explicit conduct, as defined by Neb.Rev.Stat. § 28-1463.02(5) (Reissue 2008), in violation of § 28-813.”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016). · cites it 3× “See Neb. Rev. Stat. § 28-1463.02 (5)(a) (Cum.”
State v. Burke, 408 N.W.2d 239 (Neb. 1987). · cites it 6× “" Some of the terms employed in the foregoing provision are defined in § 28-1463.02, which at the relevant time read: As used in the Child Pornography Prevention Act, unless the context otherwise requires: *244 (1) Child shall mean any person under the age of sixteen years; (2)…”
State v. Saulsbury, 498 N.W.2d 338 (Neb. 1993). · cites it 7× “§ 28-1463.02(1). The State filed a bill •of particulars alleging, with respect to count II, that between February 1 and 15, 1991, defendant made, created, or generated photographic slides of a solitary 15-year-old female in which her breasts were displayed.”
State v. Spidel, 634 N.W.2d 825 (Neb. Ct. App. 2001). · cites it 3× “” Sexually explicit conduct is defined in Neb. Rev. Stat. § 28-1463.02 (5) (Reissue 1995) as (a) [r]eal or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal between persons of the same or opposite sex or between a human and an animal *620…”
State v. Senters, 699 N.W.2d 810 (Neb. 2005). · cites it 2× “Neb. Rev. Stat. § 28-1463.02 (1) (Reissue 1995).”
State v. Heslep, 757 N.W.2d 386 (Neb. Ct. App. 2008). · cites it 8× “02(5) (Reissue 1995), includes "erotic nudity," which is further defined as "the display of the human male or female genitals or pubic area, the human female breasts, or the developing breast area of the human female child, for the purpose of real or simulated overt sexual…”
State of Tennessee v. Thomas Whited, 506 S.W.3d 416 (Tenn. 2016). “§ 45-5-625 (5)(b)(ii) (2009); Neb. Rev. Stat. § 28-1463.02 (3), (5) (2009); N.”
United States v. Christopher Brackett, 846 F.3d 987 (8th Cir. 2017). “” Neb. Rev. Stat. § 28-1463.02 . We agree with the district court that the information set forth in the affidavit in this case established probable cause to believe that Brackett’s residence would contain evidence of the prohibited images of R.”
United States v. Christian Hansen, 944 F.3d 718 (8th Cir. 2019). “Compare Neb. Rev. Stat. § 28-1463.02 (5) (2009), with 18 U.”
Show all 19 citing cases →
— Neb. Rev. Stat. § 28-1463.02(1) — 2 cases
State v. Saulsbury, 498 N.W.2d 338 (Neb. 1993). “§ 28-1463.02(1). The State filed a bill •of particulars alleging, with respect to count II, that between February 1 and 15, 1991, defendant made, created, or generated photographic slides of a solitary 15-year-old female in which her breasts were displayed.”
State v. Heslep, 757 N.W.2d 386 (Neb. Ct. App. 2008). “02(5) (Reissue 1995), includes "erotic nudity," which is further defined as "the display of the human male or female genitals or pubic area, the human female breasts, or the developing breast area of the human female child, for the purpose of real or simulated overt sexual…”
— Neb. Rev. Stat. § 28-1463.02(2) — 1 case
State v. Spidel, 634 N.W.2d 825 (Neb. Ct. App. 2001). “” Sexually explicit conduct is defined in Neb. Rev. Stat. § 28-1463.02 (5) (Reissue 1995) as (a) [r]eal or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal between persons of the same or opposite sex or between a human and an animal *620…”
— Neb. Rev. Stat. § 28-1463.02(3) — 4 cases
State v. Smith, 292 Neb. 434 (Neb. 2016). “[25] All three counts involve charges that Smith violated Neb. Rev. Stat. § 28-1463.03 (1) (Reissue 2008), which makes it “unlawful for a person to knowingly make, publish, direct, create, provide, or in any manner generate any visual depic- tion of sexually explicit conduct…”
State v. Saulsbury, 498 N.W.2d 338 (Neb. 1993). “§ 28-1463.02(1). The State filed a bill •of particulars alleging, with respect to count II, that between February 1 and 15, 1991, defendant made, created, or generated photographic slides of a solitary 15-year-old female in which her breasts were displayed.”
State v. Heslep, 757 N.W.2d 386 (Neb. Ct. App. 2008). “02(5) (Reissue 1995), includes "erotic nudity," which is further defined as "the display of the human male or female genitals or pubic area, the human female breasts, or the developing breast area of the human female child, for the purpose of real or simulated overt sexual…”
State v. Gerdes (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 28-1463.02(5) — 3 cases
State v. Nuss, 781 N.W.2d 60 (Neb. 2010). “The court found Nuss guilty of knowingly possessing visual depictions of sexually explicit conduct, as defined by Neb.Rev.Stat. § 28-1463.02(5) (Reissue 2008), in violation of § 28-813.”
State v. Saulsbury, 498 N.W.2d 338 (Neb. 1993). “§ 28-1463.02(1). The State filed a bill •of particulars alleging, with respect to count II, that between February 1 and 15, 1991, defendant made, created, or generated photographic slides of a solitary 15-year-old female in which her breasts were displayed.”
State v. Heslep, 757 N.W.2d 386 (Neb. Ct. App. 2008). “02(5) (Reissue 1995), includes "erotic nudity," which is further defined as "the display of the human male or female genitals or pubic area, the human female breasts, or the developing breast area of the human female child, for the purpose of real or simulated overt sexual…”
— Neb. Rev. Stat. § 28-1463.02(6) — 4 cases
State v. Mather, 646 N.W.2d 605 (Neb. 2002). “” Neb. Rev. Stat. § 28-1463.02 (6) (Reissue 1995).”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016). “See Neb. Rev. Stat. § 28-1463.02 (5)(a) (Cum.”
State v. McMillion (Neb. Ct. App. 2016).
State v. Schuller (Neb. 2014).
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