Nebraska LB 383: Adopt the Parental Rights in Social Media Act, rename the Child Pornography Prevention Act, and prohibit conduct involving computer-generated child pornography

Bill Text

LEGISLATIVE BILL 383
Approved by the Governor May 20, 2025

Introduced by Storer, 43; at the request of the Governor; Ballard, 21; Bosn,
25; Clouse, 37; Dover, 19; Hardin, 48; Holdcroft, 36; Ibach, 44;
Kauth, 31; Lippincott, 34; Meyer, 17; Prokop, 27; Murman, 38.

A BILL FOR AN ACT relating to minors; to amend sections 25-21,291, 25-21,302,
27-1301, 28-116, 28-320.02, 28-813.02, 28-833, 28-1463.01, 28-1463.02,
28-1463.06, 28-1601, 28-1602, 83-174.02, 84-205, and 87-302, Reissue
Revised Statutes of Nebraska, and sections 28-813.01, 28-1354, 28-1463.03,
28-1463.05, 28-1701, 29-110, 29-119, 29-4003, 29-4309, and 29-4316,
Revised Statutes Cumulative Supplement, 2024; to adopt the Parental Rights
in Social Media Act; change the name of the Child Pornography Prevention
Act to the Child Sexual Abuse Material Prevention Act; to prohibit conduct
involving computer-generated child pornography; to prohibit receipt of
child pornography; to transfer provisions of the Nebraska Criminal Code
and the Child Pornography Prevention Act; to provide enhanced penalties;
to define and redefine terms; to eliminate obsolete provisions; to
harmonize provisions; to provide operative dates; to provide severability;
to repeal the original sections; and to outright repeal section
28-1463.04, Reissue Revised Statutes of Nebraska.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-1463.01, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1463.01 Sections 1 to 6 of this act 28-1463.01 to 28-1463.06 shall be
known and may be cited as the Child Sexual Abuse Material Child Pornography
Prevention Act.
Sec. 2. Section 28-1463.02, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1463.02 As used in the Child Sexual Abuse Material Pornography
Prevention Act, unless the context otherwise requires:
(1) Child , in the case of a participant, means an individual any person
under the age of eighteen years other than the defendant and, in the case of a
portrayed observer, means any person under the age of sixteen years;
(2) Child sexual abuse material means any visual depiction of sexually
explicit conduct that:
(a) Depicts a child as a participant or portrayed observer, regardless of
whether the visual depiction is obscene;
(b) Depicts a person with identifiable physical features of a child as a
participant or portrayed observer, regardless of whether the visual depiction
is obscene; or
(c) Is obscene and depicts a person or a computer-generated person as a
participant or portrayed observer, and such person:
(i) Is a child;
(ii) Would appear to a reasonable person to be a child; or
(iii) Is depicted with physical features of a child;
(3) Computer-generated means that a visual depiction has been created,
adapted, or modified by using a computer, digital program or process,
artificial intelligence, or any similar device or means;
(4) Computer-generated person means a computer-generated image that
appears to depict a human being, or a human being whose image has been morphed,
altered, or modified, whether or not that human being exists or existed in the
natural world;
(5)(a) Conviction or convicted includes a plea or verdict of guilty or a
conviction following a plea of nolo contendere.
(b) Conviction or convicted includes a conviction that has been set aside
under section 29-2264.
(c) Conviction or convicted does not include a conviction for which a
pardon has been obtained;
(6) Covered offense means a violation of section 28-308, 28-309, 28-310,
28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-833, or
section 3, 4, or 5 of this act, or subsection (1) or (2) of section 28-320;
(7) Electronic communication device has the same meaning as in section
28-833;
(8) (2) Erotic fondling means touching a person's clothed or unclothed
genitals or pubic area, breasts if the person is a female, or developing breast
area if the person is a female child, for the purpose of real or simulated
overt sexual gratification or sexual stimulation of one or more persons
involved. Erotic fondling shall not be construed to include physical contact,
even if affectionate, which is not for the purpose of real or simulated overt
sexual gratification or sexual stimulation of one or more of the persons
involved;
(9) (3) Erotic nudity means the display of the human male or female
genitals or pubic area, the human female breasts, or the developing breast area
of the human female child, for the purpose of real or simulated overt sexual
gratification or sexual stimulation of one or more of the persons involved in
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the visual depiction or for the sexual gratification or stimulation of the
viewer;
(10) Obscene has the same meaning as in section 28-807;
(11) Person, with respect to the subject of a visual depiction, includes
an actual person or any visual depiction that appears to be such person or an
actual person whose image has been morphed, altered, or modified;
(12) (4) Sadomasochistic abuse means f