Nebraska Sexting Laws: Legal Consequences and Penalties
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. § 28-813.01. This law makes it illegal to possess visual depictions of sexually explicit conduct involving a child. 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 § 28-813.01(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 § 28-1463.03 (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 § 28-813.01. This is not automatic immunity. The defendant must raise the defense in court and prove that all of the following conditions were met.
All six conditions must be true:
- The defendant was under 19 years of age at the time of the offense.
- The person depicted in the image was at least 15 years old.
- The depicted person voluntarily and knowingly created and provided the image.
- The image depicts only the person who sent it (no third parties are shown).
- The defendant did not distribute, share, or forward the image to anyone else.
- The defendant did not coerce, pressure, or threaten the other person to create or send the image.
If all six 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 (§ 28-813.01)
An adult (19 or older) who knowingly possesses any visual depiction of sexually explicit conduct involving a child commits a Class IIA Felony. This carries a maximum sentence of up to 20 years in prison with no mandatory minimum.
Production and Distribution (§ 28-1463.03)
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.
If the adult has a prior conviction for violating § 28-1463.03 or related sexual offenses, the charge escalates to a Class IC Felony with 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 § 28-1463.03, which is a Class ID Felony.
Penalty Comparison Table
| Offense | Age of Offender | Classification | Maximum Sentence |
|---|---|---|---|
| Possession (first offense) | Under 19 | Class I Misdemeanor | 1 year jail, $1,000 fine |
| Possession (second offense) | Under 19 | Class IV Felony | 2 years prison, $10,000 fine |
| Production/distribution | Under 19 | Class III Felony | 4 years prison, 2 years post-release supervision |
| Possession | 19 or older | Class IIA Felony | 20 years prison |
| Production/distribution (first) | 19 or older | Class ID Felony | 3-year minimum, 50 years prison |
| Production/distribution (repeat) | 19 or older | Class IC Felony | 5-year minimum, 50 years prison |
| Revenge porn (first) | Any age | Class I Misdemeanor | 1 year jail, $1,000 fine |
| Revenge porn (repeat) | Any age | Class IV Felony | 2 years prison, $10,000 fine |
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.
The court may also order the offender to pay restitution to the victim for counseling, attorney fees, and other damages.
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.
Criminalized AI-generated CSAM. The law now explicitly covers computer-generated and AI-created sexually explicit images of children. Before LB 383, it was unclear whether entirely synthetic (deepfake) images fell under existing prohibitions. Creating AI-generated CSAM is now a Class III Felony.
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
Sources and References
- Neb. Rev. Stat. § 28-813.01 - Sexually explicit conduct; visual depiction; unlawful; penalty; affirmative defense(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-1463.03 - Visual depiction of sexually explicit conduct; prohibited acts(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-1463.05 - Visual depiction of sexually explicit acts; possession; penalty(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-311.08 - Unlawful intrusion; distribute or make public intimate images; penalty(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-105 - Felonies; classification of penalties; sentences(nebraskalegislature.gov).gov
- LB 383 (2025) - Child Sexual Abuse Material Prevention Act; Parental Rights in Social Media Act(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 29-4005 - Sex Offender Registration Act(nebraskalegislature.gov).gov
- Nebraska Sex Offender Registry(sor.nebraska.gov).gov
- TAKE IT DOWN Act - S.146, 119th Congress (2025-2026)(congress.gov).gov
- Nebraska State Bar Association - Find a Lawyer(nefindalawyer.com)