Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1805 (2026)

Child sexual abuse material; prohibited acts; affirmative defense; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) It shall be unlawful for a person to knowingly make, direct, create, or in any manner generate any child sexual abuse material.

(2) It shall be unlawful for a person knowingly to purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, publish, circulate, or provide to any person any child sexual abuse material.

(3) It shall be unlawful for a person to knowingly employ, force, authorize, induce, or otherwise cause a child to appear or be depicted in any child sexual abuse material.

(4) It shall be unlawful for a parent, stepparent, legal guardian, or any person with custody and control of a child, knowing the content thereof, to consent to such child appearing or being depicted in any child sexual abuse material.

(5) For a defendant who was eighteen years of age or older but under nineteen years of age at the time of the offense, it shall be an affirmative defense to a charge made pursuant to subsection (1) of this section that:

(a) The visual depiction:

(i) Portrays a child who is fifteen years of age or older;

(ii) Was knowingly and voluntarily generated by the child depicted therein;

(iii) Was knowingly and voluntarily provided by such child; and

(iv) Portrays only one child other than the defendant;

(b) The defendant has not provided or made available the visual depiction to another person except such child; and

(c) The defendant did not coerce such child to either create or send the visual depiction.

(6) For a defendant who was under eighteen years of age at the time of the offense, it shall be an affirmative defense to a charge made pursuant to subsection (1) of this section that:

(a) The difference in age between the defendant and the child portrayed is less than four years;

(b) The visual depiction:

(i) Was knowingly and voluntarily generated by the child depicted therein;

(ii) Was knowingly and voluntarily provided by such child; and

(iii) Portrays only one child other than the defendant;

(c) The defendant has not provided or made available the visual depiction to another person except such child; and

(d) The defendant did not coerce such child to either create or send the visual depiction.

(7) Any person who is under nineteen years of age at the time he or she violates this section shall be guilty of a Class III felony for each offense.

(8) 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 ID felony for each offense.

(9) Any person who violates this section and who has previously been convicted of a covered offense shall be guilty of a Class IC felony for each offense.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: State v. Thomas, No. A-24-873 (Neb. Ct. App. Mar. 3, 2026).
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State v. Thomas, No. A-24-873 (Neb. Ct. App. Mar. 3, 2026). · cites it 2× “That statute has since been transferred to Neb. Rev. Stat. § 28-1805 (Supp. 2025). We will review the assigned error under the law applicable at the time the charge was filed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.