Nebraska’s Child Pornography Prevention Act is the legislative act containing the laws that pertain to Child Pornography. If you are accused of violating one or more the laws laid out in this statute, you may be facing some very serious consequences. Therefore, it is important to reach out to a Nebraska child pornography lawyer immediately if you believe you may be facing any of these charges.

An experienced criminal lawyer from Berry Law could fight the charges presented against you. Throughout the legal process, we can protect your rights and reputation.

Nebraska Child Pornography Prevention Act

According to Nebraska Revised Statutes §28-1463.02, a child is defined as a person who is under the age of 18. However, in instances where they are a “portrayed observer”, a child is statutorily defined as someone younger than 16. An adept Nebraska child pornography attorney can thoroughly investigate the details surrounding such allegations in order to better defend against them.

What It is Illegal to Possess

Per Neb. Rev. Stat. §28-1463.03, it is unlawful to do any of the following with regard to child pornography:

  • Purchase
  • Rent
  • Sell
  • Distribute
  • Deliver
  • Display for sale
  • Advertise
  • Trade

The degree of charges for possession of child pornography can depend on the age of the alleged offender. Anyone who is younger than 19 at the time of the arrest may be charged with a Class III felony. However, those who are 19 or older when picked up for alleged possession of child pornography may face Class ID felony charges.

A Class III felony in Nebraska, per Neb. Rev. Stat. §28-105, carries a possible sentence of four years of incarceration, two years of post-release supervision, and a fine of $25,000. For a Class ID felony, a person may be sentenced anywhere from three to 50 years in prison.

If an alleged offender has prior convictions, the charges and sentencing may be more severe. However, a child pornography lawyer in Nebraska may be able to advocate on a person’s behalf to give them the best chance of a positive outcome.

Affirmative Defenses to These Charges

By statute, a Nebraska court shall consider several affirmative defenses in child pornography cases. If someone in Nebraska is under the age of 18 and sends a depiction of sexually explicit conduct that only shows himself or herself, he or she may have a valid defense.

Even if the accused sent the picture or video to someone, if he or she reasonably believed that that the receiver would be a willing recipient, he or she may be able to use this for an affirmative defense. A Nebraska child pornography attorney can examine the specific facts to determine what defenses may be available.

Consult a Nebraska Child Pornography Attorney

Nebraska courts and law enforcement view these crimes quite seriously and treat those accused harshly. If you are being accused of creating or possessing child pornography, it is time to contact an attorney. A skilled Nebraska child pornography lawyer could fight the charges against you. For a confidential case evaluation, call today.

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