Nebraska Sexting Laws (2026 Guide)


Nebraska takes a strict approach to sexting, classifying most offenses involving minors under its serious child pornography statutes. Unlike some states with dedicated “teen sexting” misdemeanors, Nebraska primarily relies on affirmative defenses to protect minors from felony charges. This means a teen could potentially be charged with a felony first and must then prove they meet the specific criteria for a defense or a lesser misdemeanor classification. The relevant laws are found in Chapter 28 of the Nebraska Revised Statutes.

Key Points

  • Specific Teen Sexting Law: No (uses affirmative defenses/misdemeanor tiers)
  • Age of Majority: 19 years old
  • Minor-to-Minor Possession: Class I Misdemeanor (under 19)
  • Adult-to-Minor: Class IB or IC Felony
  • Revenge Porn Law: Yes (§ 28-311.08)
  • Sex Offender Registration: Required for felony convictions

Penalties at a Glance

  • Teen Possession (First Offense): Up to 1 year jail, $1,000 fine
  • Revenge Porn: Up to 2 years prison, $10,000 fine
  • Child Pornography (Adult): 20 years to Life (Class IB/IC Felony)

Table of Contents

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.

Frequently Asked Questions

Is sexting a felony in Nebraska?

Generally, yes. Most sexting offenses involving minors fall under child pornography statutes, which are felonies. However, for defendants under 19 who only possess (do not distribute) images, it may be charged as a Class I Misdemeanor.

What is the age of consent for sexting in Nebraska?

Nebraska’s age of majority is 19. The “age of consent” for sexual contact is 16. However, for sexting (creating visual depictions), strict child pornography laws apply to anyone under 18. The affirmative defense allows for exceptions if the depicted person is at least 15 and the participants are close in age.

Can I be charged if I received a photo but didn’t ask for it?

You could be. Nebraska law criminalizes “knowing possession.” If you receive an unsolicited image and keep it, you are in possession. To use the affirmative defense, you generally must show you did not solicit the image and did not distribute it.

Does Nebraska have a “Romeo and Juliet” law for sexting?

Yes, in the form of an affirmative defense. If you are under 19, the partner is at least 15, and the image was shared consensually between just the two of you, you may have a defense to prosecution. This is not automatic and must be raised in court.

What if I share the photo with just one friend?

Sharing the photo (“distribution”) disqualifies you from the affirmative defense for simple possession. Distributing child pornography is a much more serious felony offense with severe mandatory minimum sentences.

Is it illegal to take a nude selfie if I am under 18?

Technically, creating a visual depiction of a minor engaging in sexually explicit conduct is illegal. However, the law is primarily enforced against those who possess or distribute the image. The affirmative defense specifically mentions images depicting the sender, acknowledging this reality.

How long do sexting charges stay on my record?

In Nebraska, felony convictions generally stay on your record permanently. Misdemeanors also remain unless expunged. Nebraska has specific “set-aside” laws that allow judges to set aside certain convictions, but this does not completely erase the record for all purposes.

What to Do If Charged

If you or your child is facing sexting-related charges in Nebraska:

Do:

  • Remain Silent: Do not speak to police or school officials without a lawyer. Anything you say can be used against you.
  • Contact an Attorney: Find a criminal defense lawyer experienced in Nebraska’s specific juvenile and sex offense laws.
  • Preserve Evidence (via Attorney): Do not delete evidence if an investigation has started, as this can be “Tampering with Physical Evidence.” Let your lawyer handle it.

Do Not:

  • Do Not Share the Image: Never forward or show the image to anyone else, even to “prove” what happened.
  • Do Not Confront the Accuser: This could be seen as witness tampering or harassment.
  • Do Not Discuss on Social Media: Keep the matter private.

Resources

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Statutes

This article provides general legal information about Nebraska sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges or need legal guidance, consult with a qualified Nebraska criminal defense attorney.

Last updated: February 2026

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