28-1804. Child sexual abuse material; acts related to possession; violation; penalty.

(1) It shall be unlawful for a person to knowingly possess with intent to rent, sell, deliver, distribute, trade, or provide to any person any child sexual abuse material.

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

(b) 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 II felony for each offense.

(c) 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.

Source:Laws 1985, LB 668, § 4; Laws 1986, LB 788, § 2; Laws 2004, LB 943, § 7; Laws 2009, LB97, § 20; Laws 2015, LB605, § 58; Laws 2019, LB630, § 6; R.S.Supp.,2024, § 28-1463.05; Laws 2025, LB383, § 4.
Operative Date: September 3, 2025

Cross References

Registration of sex offenders, see sections 29-4001 to 29-4014.

Annotations

Prosecutor is free to prosecute conduct arguably within this provision under another provision with harsher penalties, so long as decision is not based on race, religion, or other arbitrary classification. State v. Burke, 225 Neb. 625, 408 N.W.2d 239 (1987).