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

Neb. Rev. Stat. § 28-813.01 (2026)

✓ current as of July 2026
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28-813.01.

Transferred to section 28-1803.

Notes of Decisions
Cited in 24 cases (12 in the last 5 years), 1992–2026 · leading case: State v. Mucia, 292 Neb. 1 (Neb. 2015).
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State v. Mucia, 292 Neb. 1 (Neb. 2015). · cites it 27× “A person knowingly possesses child pornography in violation of Neb. Rev. Stat. § 28-813.01 (Cum. Supp. 2014) when he or she knows of the nature or character of the material and of its pres- ence and has dominion or control over it.”
State v. Nuss, 781 N.W.2d 60 (Neb. 2010). · cites it 4× “Nuss was convicted of possession of visual depictions of sexually explicit conduct which has a child as one of its participants or portrayed observers, in violation of Neb.Rev.Stat. § 28-813.01 (Reissue 2008).”
State v. Jaeger, 311 Neb. 69 (Neb. 2022). · cites it 2× “Jaeger was charged with six counts of possession of child pornography, each a Class IIA felony, in violation of Neb. Rev. Stat. § 28-813.01 (Reissue 2016).”
Doe v. Nebraska, 734 F. Supp. 2d 882 (D. Neb. 2010). · cites it 2× “05; (g) Possessing any visual depiction of sexually explicit conduct pursuant to section 28-813.01; (h) Criminal child enticement pursuant to section 28-311; (i) Child enticement by means of an electronic communication device pursuant to section 28-320.”
Jacobson v. United States, 503 U.S. 540 (1992). “Neb. Rev. Stat. § 28-813.01 (1989). Evidence of predisposition to do what once was lawful is not, by itself, sufficient to show predisposition to do what is now illegal, for there is a common understanding that most people obey the law even when they disapprove of it.”
Doe v. Nebraska, 898 F. Supp. 2d 1086 (D. Neb. 2012). · cites it 2× “05; (g) Possessing any visual depiction of sexually explicit conduct pursuant to section 28-813.01; (h) Criminal child enticement pursuant to section 28-311; (i) Child enticement by means of an electronic communication device pursuant to section 28-320.”
State v. Heslep, 757 N.W.2d 386 (Neb. Ct. App. 2008). · cites it 4× “Heslep was arrested and charged with possession of child pornography in violation of Neb.Rev.Stat. § 28-813.01(1) (Cum. Supp. 2006), a Class IV felony, and procuring alcohol for a minor, in violation of *389 Neb.”
Wadith Nader v. City of Papillion, 917 F.3d 1055 (8th Cir. 2019). “Svajgl then obtained a warrant to search Nader's residence for evidence of suspected child pornography violations, including possession of child pornography under Neb. Rev. Stat. § 28-813.01 . Nader does not contest the validity of the search warrant.”
State v. Jaeger, 311 Neb. 69 (Neb. 2022). · cites it 2× “Jaeger was charged with six counts of possession of child pornography, each a Class IIA felony, in violation of Neb. Rev. Stat. § 28-813.01 (Reissue 2016).”
State v. Schuller (Neb. 2014). · cites it 12× “The issues are (1) whether the investigator’s failure to explain in his affidavit that dynamic Internet Protocol (IP) addresses can change tainted the prob- able cause determination and (2) whether the evidence was sufficient to find that Schuller “knowingly possess[ed]” child…”
State v. Mucia (Neb. Ct. App. 2015). · cites it 12× “Neb. Rev. Stat. § 28-813.01 (Cum. Supp. 2014) provides that it shall be unlawful for a person to knowingly possess any visual depiction of sexually explicit conduct which has a child as one of its participants or por- trayed observers.”
State v. Thomas (Neb. Ct. App. 2026). · cites it 6× “The State filed possession of child pornography charges pursuant to Neb. Rev. Stat. § 28-813.01 (Reissue 2024).”
Show all 24 citing cases →
— Neb. Rev. Stat. § 28-813.01(1) — 5 cases
State v. Heslep, 757 N.W.2d 386 (Neb. Ct. App. 2008). “Heslep was arrested and charged with possession of child pornography in violation of Neb.Rev.Stat. § 28-813.01(1) (Cum. Supp. 2006), a Class IV felony, and procuring alcohol for a minor, in violation of *389 Neb.”
State v. Mucia, 292 Neb. 1 (Neb. 2015). “A person knowingly possesses child pornography in violation of Neb. Rev. Stat. § 28-813.01 (Cum. Supp. 2014) when he or she knows of the nature or character of the material and of its pres- ence and has dominion or control over it.”
Payne v. Geer (D. Neb. 2024).
State v. Schuller (Neb. 2014). “The issues are (1) whether the investigator’s failure to explain in his affidavit that dynamic Internet Protocol (IP) addresses can change tainted the prob- able cause determination and (2) whether the evidence was sufficient to find that Schuller “knowingly possess[ed]” child…”
State v. Quinn (Neb. Ct. App. 2022).
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