Nebraska Sexting Laws: Legal Consequences and Penalties

Nebraska has no standalone teen sexting statute. Instead, Neb. Rev. Stat. § 28-1803 (formerly numbered § 28-813.01, renumbered by Laws 2025, LB383), the state's child sexual abuse material possession law, governs sexting offenses for all ages, with reduced penalties and an affirmative defense available to offenders under 19, Nebraska's age of majority.

Overview of Nebraska Sexting Laws

Nebraska does not have a single statute dedicated to teen sexting. Instead, the state addresses sexting through a combination of child sexual abuse material (CSAM) laws, reduced penalties for minors, and affirmative defenses that can protect teens in certain consensual situations.

The primary statute governing sexting-related offenses is Neb. Rev. Stat. § 28-1803 (formerly § 28-813.01). This law makes it illegal to knowingly possess or receive child sexual abuse material. However, it draws an important distinction between offenders who are under 19 and those who are 19 or older.

One critical detail that sets Nebraska apart from most states is its age of majority. In Nebraska, you are legally a minor until age 19, not 18. This means the reduced penalties and affirmative defenses for teen sexting apply to 18-year-olds as well.

Penalties for Minors Under 19

When a person under 19 possesses a sexually explicit image of another minor, Nebraska law treats the offense less severely than adult possession. Under § 28-1803(2), the penalties are as follows.

First Offense

A first offense for possession by a person under 19 is a Class I Misdemeanor. This carries a maximum sentence of up to 1 year in jail and a fine of up to $1,000. While this is far less severe than a felony, a misdemeanor conviction still creates a criminal record that can affect college applications, employment, and housing.

Second or Subsequent Offense

A second or subsequent conviction for possession by a person under 19 escalates to a Class IV Felony. This carries a maximum sentence of up to 2 years in prison, 12 months of post-release supervision, and a fine of up to $10,000.

Distribution by a Minor

If a minor distributes (sends, shares, or forwards) sexually explicit images of another minor, the offense may be charged under the more serious CSAM production and distribution statutes. A person under 19 who violates § 28-1805 (formerly § 28-1463.03; production or distribution) faces a Class III Felony, which carries a maximum sentence of up to 4 years in prison and 2 years of post-release supervision.

Affirmative Defense for Teen Sexting

The most important protection for teenagers facing sexting charges is the affirmative defense built into § 28-1803 (formerly § 28-813.01). This is not automatic immunity. The defendant must raise the defense in court, and the exact conditions depend on the defendant's age.

For a defendant who was 18 or older but under 19 at the time of the offense, all of the following must be true:

• The person depicted in the image was at least 15 years old.
• The depicted person voluntarily and knowingly created the image.
• The depicted person voluntarily and knowingly provided the image.
• The image depicts only the person who sent it (no third parties are shown).
• The defendant did not provide or make the image available to anyone except the person depicted.
• The defendant did not coerce the depicted person to create or send the image.

For a defendant who was under 18 at the time of the offense, a related but different set of conditions applies. The requirement that the depicted person be at least 15 is replaced by a four-year age-gap requirement:

• The difference in age between the defendant and the depicted person was less than four years.
• The depicted person voluntarily and knowingly created the image.
• The depicted person voluntarily and knowingly provided the image.
• The image depicts only the person who sent it (no third parties are shown).
• The defendant did not provide or make the image available to anyone except the person depicted.
• The defendant did not coerce the depicted person to create or send the image.

If all of the applicable conditions are met, the court may dismiss the charges. This effectively functions as a "Romeo and Juliet" exception for sexting, protecting teens who engage in consensual, private image sharing with a partner close in age.

If even one condition fails, the defense does not apply. For example, forwarding the image to a single friend eliminates the defense entirely.

Penalties for Adults (19 and Older)

Adults who possess, create, or distribute sexually explicit images involving minors face the full weight of Nebraska's CSAM laws. There are no affirmative defenses available to adults.

Possession (§ 28-1803)

An adult (19 or older) who knowingly possesses or receives any child sexual abuse material commits a Class IIA Felony. This carries a maximum sentence of up to 20 years in prison with no mandatory minimum.

That 20-year ceiling applies only where there is no qualifying prior conviction. Under § 28-1803(5), a person of any age who possesses or receives child sexual abuse material after a previous conviction for a covered offense is guilty of a Class IC Felony, which carries a mandatory minimum of 5 years and a maximum of 50 years in prison.

Production and Distribution (§ 28-1805)

An adult who knowingly creates, publishes, directs, or distributes sexually explicit visual depictions involving a child commits a Class ID Felony. This carries a mandatory minimum of 3 years and a maximum of 50 years in prison.

Under § 28-1805(9), a person of any age who violates this section after a previous conviction for a covered offense is guilty of a Class IC Felony, which carries a mandatory minimum of 5 years and a maximum of 50 years in prison.

Soliciting a Minor

An adult who uses the internet, apps, or other electronic communication to ask a minor to send sexually explicit images may face charges for solicitation or electronic enticement. Asking a minor to create and send a nude photo can be treated as "directing" the production of CSAM under § 28-1805 (formerly § 28-1463.03), which is a Class ID Felony.

Penalty Comparison Table

Revenge Porn Laws (§ 28-311.08)

Nebraska criminalizes the nonconsensual distribution of intimate images under Neb. Rev. Stat. § 28-311.08, titled "Unlawful Intrusion."

What the Law Prohibits

It is illegal to knowingly and intentionally distribute or make public an image or video of another person's intimate area or of another person engaged in sexually explicit conduct when all three of the following are true:

• The depicted person had a reasonable expectation that the image would remain private.
• The depicted person did not consent to the distribution.
• The distribution serves no legitimate purpose.

The law also makes it a crime to threaten to distribute such material with the intent to intimidate, threaten, or harass.

Penalties for Revenge Porn

A first offense for nonconsensual distribution of intimate images is a Class I Misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000.

A second or subsequent offense is a Class IV Felony, punishable by up to 2 years in prison, 12 months of post-release supervision, and a fine of up to $10,000.

Section 28-311.08 contains no restitution provision of its own. Nebraska's general criminal restitution statute, § 29-2280, lets a sentencing court order restitution only for actual physical injury or property damage or loss sustained as a direct result of the offense, so it does not reach counseling costs or attorney fees.

2025 Legislative Update: LB 383

Governor Jim Pillen signed LB 383 into law on May 20, 2025, making several significant changes to Nebraska's laws regarding sexually explicit images of minors.

Key Changes Under LB 383

Renamed the act. The Child Pornography Prevention Act was renamed the Child Sexual Abuse Material (CSAM) Prevention Act to align Nebraska with modern legal terminology used by federal agencies and most other states.

Extended CSAM to AI-generated images. LB 383 folded computer-generated and AI-created sexually explicit images of children into the definition of child sexual abuse material in § 28-1802, which now reaches material created, adapted, or modified by using a computer, digital program or process, artificial intelligence, or any similar device. Before LB 383, it was unclear whether entirely synthetic (deepfake) images fell under existing prohibitions. The bill created no standalone AI offense, so the penalty is the one attached to the underlying offense and the defendant's age: producing or distributing such material under § 28-1805 is a Class ID Felony for a person 19 or older and a Class III Felony for a person under 19.

Added "receipt" as a prohibited act. In addition to possession, the law now specifically criminalizes the knowing receipt of child sexual abuse material.

These changes took effect after the standard Nebraska legislative timeline following the Governor's signature.

Federal Law: The TAKE IT DOWN Act (2025)

In addition to Nebraska state law, a new federal law adds another layer of protection. The TAKE IT DOWN Act was signed into law on May 19, 2025.

This federal law criminalizes the nonconsensual publication of intimate images, including AI-generated deepfakes. Key provisions include:

• Sharing nonconsensual intimate images of a minor carries up to 3 years of federal imprisonment.
• Threatening to share such images carries up to 30 months of federal imprisonment.
• Online platforms must remove reported nonconsensual intimate images within 48 hours of receiving a valid request.

The criminal provisions took effect immediately upon signing. The platform takedown requirements take full effect on May 19, 2026.

Sex Offender Registration

Nebraska's Sex Offender Registration Act (SORA) requires registration for convictions involving sexual offenses against minors. How this applies to sexting depends on the specific charge and outcome.

Registration Tiers

• 15 years: For registrable offenses not punishable by more than 1 year of imprisonment.
• 25 years: For registrable offenses punishable by more than 1 year of imprisonment.
• Lifetime: For aggravated offenses or offenders with prior sex offense convictions.

Juveniles and Registration

Under current Nebraska law, juveniles adjudicated in juvenile court are generally not required to register as sex offenders. This is one of the key reasons defense attorneys work to keep teen sexting cases in the juvenile system. However, if a minor is tried as an adult and convicted of a felony sex offense, registration requirements apply.

Why the Affirmative Defense Matters

A primary goal of raising the affirmative defense in teen sexting cases is to avoid a felony conviction entirely. A felony conviction for a CSAM-related offense would trigger mandatory sex offender registration, which includes being listed on a public registry with a photo, address, and offense details.

What to Do If Facing Charges

If you or someone you know is facing sexting-related charges in Nebraska, taking the right steps early can make a significant difference in the outcome.

Do not speak to police or school officials without an attorney present. Anything said during an investigation can be used as evidence. Even well-intentioned explanations can be harmful.

Contact a criminal defense attorney immediately. Look for an attorney experienced in Nebraska juvenile law and sex offense defense. The Nebraska State Bar Association offers a lawyer referral service.

Do not delete evidence after an investigation has started. Destroying evidence can lead to additional charges for tampering with physical evidence under § 28-922. Let your attorney advise you on how to handle any material.

Understand the timeline. Nebraska's statute of limitations for most felony sex offenses is relatively long. Charges can be filed years after the alleged conduct occurred.

More Nebraska Laws

• Nebraska Age of Consent Laws
• Nebraska Deepfake Laws
• Nebraska Expungement Laws

Frequently Asked Questions

Is sexting a felony in Nebraska?

It depends on the offender's age and the specific conduct. For a person under 19, a first offense for possession is a Class I Misdemeanor. However, distribution by a minor is a Class III Felony, and any CSAM offense by an adult (19 or older) is a felony. Possession by an adult is a Class IIA Felony (up to 20 years), and production or distribution by an adult is a Class ID Felony (3-year mandatory minimum, up to 50 years).

What is the age of consent for sexting in Nebraska?

Nebraska's age of majority is 19, which is unique among U.S. states. Its age-based sexual assault offenses reach sexual penetration with a person under 16 and sexual contact with a person 14 or younger, where the actor is 19 or older. However, for sexting (creating or possessing visual depictions), the child sexual abuse material laws apply to images of anyone under 18. The affirmative defense allows exceptions when the depicted person is at least 15 and both participants are under 19.

Does Nebraska have a Romeo and Juliet law for sexting?

Yes, but it takes the form of an affirmative defense rather than automatic immunity, and the exact conditions depend on the defendant's age. For a defendant 18 or older but under 19, the defense requires that the depicted person was at least 15, the image was shared voluntarily and consensually, the image shows only the sender, the defendant did not forward it to anyone else, and the defendant did not coerce the depicted person. For a defendant under 18, a four-year age-gap requirement replaces the depicted-person's minimum age. If the applicable conditions are met, the defendant can raise this defense in court to have charges dismissed.

Can I be charged for receiving an unsolicited sext in Nebraska?

Potentially, yes. Nebraska law criminalizes 'knowing possession' of sexually explicit images of minors. If you receive an unsolicited image and keep it on your device, you could face charges. To use the affirmative defense, you must show you did not solicit the image and did not distribute it. Deleting the image promptly and reporting the sender can help demonstrate that you did not knowingly retain the material.

What changed with Nebraska LB 383 in 2025?

LB 383, signed into law on May 20, 2025, made three major changes. First, it renamed the Child Pornography Prevention Act to the Child Sexual Abuse Material Prevention Act. Second, it brought AI-generated and computer-generated sexually explicit images of children inside the definition of child sexual abuse material in § 28-1802. It created no separate AI offense, so the class depends on the underlying conduct and the defendant's age: production or distribution under § 28-1805 is a Class ID Felony for a person 19 or older and a Class III Felony for a person under 19. Third, it added 'receipt' of child sexual abuse material as a separately prohibited act alongside possession.