Nebraska
Nebraska AI Laws: What's Enacted and What's Next (2027)
Independently fact-checked against primary sources (last audited November 5, 2026). · Law checked current as of November 5, 2026. · 33 primary sources cited on this page. How we verify our legal content

As of November 2026, Nebraska has enacted targeted AI laws but, in our search, no comprehensive AI act. The main ones are the prior authorization rule in LB 77 (Neb. Rev. Stat. 44-5443), in force since January 1, 2026, and the Conversational Artificial Intelligence Safety Act in LB 525 (Neb. Rev. Stat. 86-1801 to 86-1807), which is signed but does not become operative until July 1, 2027.
How we searched: Where this page says we found no law, we mean a full-text search of the slip laws the Legislature posted for bills enacted in 2025 and 2026 (A bills excluded), for "artificial intelligence", "machine learning", "chatbot", "generative", "deepfake", "synthetic media", "algorithm", "automated decision", "automated processing", "computer-generated" and "digital manipulation". We also ran text searches of our stored copy of the Nebraska statutes, captured July 29, 2026, with a control term that returned hits. A stored copy is not a check of current law.
This page covers Nebraska state law as of November 4, 2026. It is general legal information, not legal advice. For the national picture, see our guide to US AI laws.
Nebraska AI Laws at a Glance

| Measure | Subject | Status on November 4, 2026 |
|---|---|---|
| LB 525 (2026), Neb. Rev. Stat. 86-1801 to 86-1807 | Conversational AI safety (chatbots) | Approved April 14, 2026; operative July 1, 2027 |
| LB 77 (2025), Neb. Rev. Stat. 44-5443 | AI in utilization review | Approved June 4, 2025; operative January 1, 2026 |
| LB 383 (2025), Neb. Rev. Stat. 28-1802 to 28-1804 | Computer-generated child sexual abuse material | Approved May 20, 2025; in force since early September 2025 |
| LB 371 (2025), Neb. Rev. Stat. 25-3502, 25-3503 | Civil claim for computer-generated intimate images | Approved May 30, 2025; in force since early September 2025 |
| Department of Insurance IGD-H1 | Insurers' use of AI | Guidance issued June 11, 2024 |
| NITC Standard 8-609 | State agency AI use | Technical standard, not a statute |
Conversational Artificial Intelligence Safety Act (LB 525): Nebraska's Chatbot Law
LB 525 passed 49-0 and was approved April 14, 2026. It also adopts the Agricultural Data Privacy Act. Provisions of LB 1185 were amended into it. Sections 12 to 18, the AI act, become operative July 1, 2027, so none of these duties applies today.
Who is covered. A conversational AI service is an AI application, web interface or program "accessible to the general public" that "primarily simulates human conversation and interaction through textual, visual, or aural communications." An operator is a person who makes such a service available to the public. App stores and search engines are not operators solely because they provide access (86-1802).
Who is not covered. The definition excludes a program that is:
- Primarily designed and marketed for developers or researchers
- A feature within other software that is not itself a conversational AI service
- Designed to provide outputs on a narrow and discrete topic
- Primarily designed and marketed for commercial use by business entities
- A speaker and voice command interface or voice-activated assistant for a consumer electronic device
- Used by a business solely for internal purposes
- Used by a business solely for customer service or strictly to give information about its commercial services or products
Duties for all users. If a reasonable person would be misled to believe they are interacting with a human, the operator must clearly and conspicuously disclose that the service is AI (86-1804). The operator must adopt a protocol for prompts about suicidal ideation or self-harm, including reasonable efforts to refer users to crisis services (86-1805). It may not knowingly and intentionally program the service to explicitly indicate it is designed to provide professional mental or behavioral health care (86-1806).
Duties for minors. A minor is someone the operator has actual knowledge or reasonable certainty is under 18. Under 86-1803, the operator must:
- Disclose AI use to minor account holders by a persistent visible disclaimer, or at the start of each session and at least every three hours of continuous interaction
- Not provide points or similar rewards at unpredictable intervals with the intent to encourage increased engagement
- Take reasonable measures to prevent visual depictions of sexually explicit conduct, direct statements that the account holder should engage in such conduct, and statements that sexually objectify the account holder
- Take reasonable measures to prevent statements that would lead a reasonable person to believe they are interacting with a human, including claims of sentience, simulated emotional dependence, romantic or sexual innuendos, and adult-minor romantic role-play
- Offer privacy and account setting tools to minor account holders and, for those under 13, their parents or guardians, plus related tools for parents of older minors as appropriate based on relevant risks
Enforcement. Under 86-1807, the Attorney General may sue on behalf of the state or an aggrieved person. Relief can include equitable relief, actual damages, civil penalties of at least $1,000 per violation but no more than $500,000 per operator, and expenses. The act creates no private right of action. It also creates no liability for a model developer for a violation by a third-party operator's system, as that subsection describes.
AI in Health Care: LB 77 and Neb. Rev. Stat. 44-5443
LB 77, the Ensuring Transparency in Prior Authorization Act, was approved June 4, 2025, and these sections became operative January 1, 2026. Section 44-5443 provides:
- An "artificial intelligence-based algorithm shall not be the sole basis of a utilization review agent's decision to deny, delay, or modify health care services based, in whole or in part, on medical necessity."
- A utilization review agent must disclose to the department, each network provider, each enrollee and on its public website if such algorithms are used or will be used in utilization review.
- The Department of Insurance may at any time audit a utilization review agent's automated utilization management system, and may use a third party.
The rule reaches utilization review agents as the act defines them, and the act's definition of health carrier leaves out a managed care agent. It does not ban AI in utilization review. It bars AI as the sole basis.

Insurance Guidance IGD-H1
The Department of Insurance issued Guidance Document IGD-H1, "Use of Artificial Intelligence by Insurers", on June 11, 2024, its version of the NAIC model bulletin. It reminds insurers that decisions made or supported by AI must comply with existing insurance laws, and it describes the department's expectations, including a written AI program, and the information it may request in an examination. By its own notice, it is advisory and does not impose additional requirements or penalties.
Nebraska Deepfake and AI Image Laws
Child sexual abuse material (LB 383). LB 383 renamed the act and added computer-generated images. Under Neb. Rev. Stat. 28-1802, "computer-generated" includes a depiction created, adapted or modified using artificial intelligence. Material depicting a child, or a person with identifiable physical features of a child, is covered whether or not obscene; a depiction of sexually explicit conduct involving a computer-generated person is covered if it is obscene and the person appears to a reasonable person to be a child or is depicted with a child's physical features. The definition of person reaches a depiction that appears to be a person, and this page does not decide whether a realistic AI image can fall under the parts that apply regardless of obscenity. Knowing possession or receipt by a person 19 or older is a Class IIA felony, with heavier penalties for a prior covered offense and a lower grade for people under 19 (28-1803).
Intimate images (LB 371). LB 371 amended the civil act on unauthorized disclosure of intimate images. An image counts as private if created by computer generation or digital manipulation without the depicted person's consent. An identifiable depicted person who suffers harm from intentional disclosure or threatened disclosure may sue if the defendant knew or recklessly disregarded the statute's conditions (25-3503). Remedies include damages, and exceptions apply.
When they took effect. Neither bill sets its own date for these sections, so the three-calendar-month rule applies from the Legislature's June 2, 2025 adjournment. The Department of Revenue lists September 3, 2025 for several 2025 bills.
Our guide to Nebraska deepfake laws covers these laws in more depth. We found no enacted Nebraska election deepfake law. LB 1203 of the 108th Legislature, on AI in political ads, was indefinitely postponed April 18, 2024.


AI in Nebraska State Government (NITC 8-609)
NITC Standard 8-609 sets standards and guidelines for AI systems owned, used or managed by the State of Nebraska, covering security and risk management, ethics and bias, privacy, reliability and transparency. It is a Nebraska Information Technology Commission technical standard, not a statute, and it does not regulate private companies.
Profiling Opt-Out Under the Nebraska Data Privacy Act
The Data Privacy Act is not an AI law, but Neb. Rev. Stat. 87-1107 lets a consumer opt out of "profiling in furtherance of a decision that produces a legal or similarly significant effect." The act does not apply to small businesses as the federal Small Business Act defines them, apart from one section, or to state agencies, financial institutions, HIPAA covered entities, nonprofits and higher education institutions, among others.
AI Note-Takers and Recording in Nebraska
AI meeting assistants raise recording consent questions. Our guide to Nebraska AI meeting recording laws covers them.
Nebraska v. OpenAI: The Attorney General's ChatGPT Suit
Attorneys general in Arizona, Arkansas, Idaho, Iowa, Montana, Nebraska and West Virginia announced separate suits against OpenAI on October 14, 2026. Official releases from several of those states also name Kansas.
Attorney General Hilgers's release cites the Consumer Protection Act, the Uniform Deceptive Trade Practices Act and the Age-Appropriate Online Design Code Act. The complaint, State of Nebraska ex rel. Hilgers v. OpenAI Global, LLC et al., is stamped filed in Buffalo County District Court on October 14, 2026, Case D09CI260000488. Its nine counts plead those three acts plus negligence, strict liability, fraudulent misrepresentation and negligent misrepresentation. It seeks civil penalties including $2,000 per Consumer Protection Act and Uniform Deceptive Trade Practices Act violation and $50,000 per Design Code violation, plus injunctive relief.
Those are allegations and requests. The suit is not under LB 525, which is not yet operative.
What We Did Not Find in Nebraska Law
In the search described at the top of this page, we found no enacted Nebraska statute specific to AI in employment and no comprehensive or frontier model law. Passed-bill hits outside the laws above did not regulate AI as such. LB 771 (2026) sets rules on dynamic pricing by transportation network companies, and other hits used "algorithm" or "automated processing" in passing.
Web searches found no AI executive order from the Governor that we could confirm, and they would not show every order. We did not search attorney general opinions or court rules. General laws may still apply.
Nebraska AI Bills That Did Not Pass
| Bill | Subject | Legislature's page, read for our research November 4, 2026 |
|---|---|---|
| LB 1083 (2026) | Transparency in Artificial Intelligence Risk Management Act | Indefinitely postponed April 17, 2026 |
| LB 642 (2025) | Artificial Intelligence Consumer Protection Act | Carried over; indefinitely postponed April 17, 2026 |
| LB 1185 (2026) | Conversational AI safety | Indefinitely postponed April 17, 2026, after provisions were amended into LB 525 |
| LB 172 (2025) | Computer-generated child sexual abuse material | Indefinitely postponed April 17, 2026, after provisions were amended into LB 383 |
Federal AI Policy and Nebraska
As of November 4, 2026, we found no federal statute in the public laws of the 119th Congress that sets general rules for private AI systems or generally preempts state AI laws. In December 2025, Executive Order 14365 directed federal agencies to challenge or discourage state AI laws the administration views as conflicting with national policy, and called for a federal framework from Congress. The order itself does not declare any state law invalid. The Justice Department formed an AI Litigation Task Force in January 2026, the White House issued legislative recommendations in March 2026, and the FTC proposed a policy statement in July 2026. Separately, in April 2026 the Justice Department intervened in a lawsuit against Colorado's AI law under the Civil Rights Act of 1964. We did not find a published Commerce evaluation of state laws in the Federal Register or on ntia.gov, or a BEAD notice carrying the order's AI condition on NTIA's sites. See our pages on the Trump AI executive orders and state AI law preemption.
What Changes in Nebraska AI Law in 2027
- January 6, 2027: the next regular session begins, under Nebraska Constitution article III, section 10 (the first Wednesday after the first Monday in January). The 109th Legislature adjourned April 17, 2026, so a 2027 AI measure would be a new bill. We found none as of November 4, 2026.
- July 1, 2027: sections 12 to 18 of LB 525, the Conversational Artificial Intelligence Safety Act, become operative.
As of November 4, 2026, we found no other AI law scheduled to take effect in Nebraska in 2027; we searched the passed bills and statutes described at the top of this page for the 2025 and 2026 sessions.
More Nebraska Laws
- Nebraska Recording Laws
- Nebraska Data Privacy Laws
- Nebraska Surveillance Camera Laws
- Nebraska Background Check Laws
- Nebraska Sexting Laws
- Nebraska Deepfake Laws
- Nebraska AI Meeting Recording Laws
Frequently Asked Questions
Does Nebraska have an AI law?
Yes, targeted ones. As of November 2026, Nebraska has an AI rule for utilization review (LB 77), in force since January 1, 2026; a chatbot law (LB 525), operative July 1, 2027; and 2025 laws on computer-generated child sexual abuse material and intimate images. In our search, it has no comprehensive AI act.
When does Nebraska's chatbot law take effect?
July 1, 2027. The Conversational Artificial Intelligence Safety Act in LB 525 was approved April 14, 2026 and is codified at Neb. Rev. Stat. 86-1801 to 86-1807. Its duties do not apply before that date.
Can Nebraska health insurers use AI to deny claims?
An AI-based algorithm cannot be the sole basis of a utilization review agent's decision to deny, delay or modify health care services based on medical necessity, under Neb. Rev. Stat. 44-5443. Use of such algorithms in utilization review must be disclosed, and the Department of Insurance may audit the system.
Who enforces Nebraska's Conversational Artificial Intelligence Safety Act?
The Attorney General may enforce it once operative, with civil penalties of at least $1,000 per violation and no more than $500,000 per operator. The act creates no private right of action.
Is AI-generated child sexual abuse material illegal in Nebraska?
Nebraska's Child Sexual Abuse Material Prevention Act covers computer-generated depictions, including those made with AI. A depiction of sexually explicit conduct involving a computer-generated person is covered if it is obscene and the person appears to a reasonable person to be a child or is depicted with a child's physical features. Other parts of the definition apply regardless of obscenity, so do not assume a non-obscene AI image falls outside the law. Knowing possession or receipt by a person 19 or older is a Class IIA felony.
Can I sue over an AI deepfake nude in Nebraska?
Possibly. Under LB 371 and Neb. Rev. Stat. 25-3503, an identifiable depicted person who suffers harm may sue over intentional disclosure or threatened disclosure of a computer-generated intimate image made without consent, if the defendant knew or recklessly disregarded the statute's conditions. Exceptions apply, and creation alone is not the trigger.
Does Nebraska regulate AI in hiring?
We found no enacted Nebraska statute specific to AI in employment as of November 4, 2026, in a full-text search of bills passed in 2025 and 2026 and a text search of our July 29, 2026 statute copy. General laws may still apply.
Is Nebraska suing OpenAI?
Yes. Attorney General Hilgers announced a suit on October 14, 2026, filed in Buffalo County District Court. It pleads the Consumer Protection Act, the Uniform Deceptive Trade Practices Act, the Age-Appropriate Online Design Code Act and common-law claims such as negligence. Those are allegations, and the suit is not under the chatbot act.
Updates
We rewrote this page: corrected the LB 383 effective date, which is not January 1, 2026, narrowed the LB 371 description to disclosure and threatened disclosure, added the LB 77 disclosure and audit duties, the full LB 525 exclusions and parental tools, the insurance guidance, and the OpenAI suit.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected two bill statuses against the official legislative record (LB 642 was indefinitely postponed on April 17, 2026, and LB 1203 was a 2024 bill indefinitely postponed on April 18, 2024), fixed the introducer of LB 383, listed every element of the LB 383 affirmative defenses, added the exception that keeps a repeat offense by a defendant under 19 a Class IV felony, and limited the chatbot human-presentation rule to minor account holders.
Updated this page to reflect that Nebraska's Conversational Artificial Intelligence Safety Act (originally LB 1185) was enacted via LB 525, signed April 14, 2026 and operative July 1, 2027, rather than still pending, and that LB 1083 (frontier AI risk management) was indefinitely postponed April 17, 2026 and did not become law. Also fixed a citation that mistakenly linked LB 1185 to LB 1083's bill-history page.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 28: CRIMES AND PUNISHMENTS
§ 28-1803Child sexual abuse material; possess or receive; unlawful; penalty; affirmative defenseIn forcecited in 5 of our articles
(1) It shall be unlawful for a person nineteen years of age or older to knowingly possess or receive any child sexual abuse material. Violation of this subsection is a Class IIA felony. (2)(a) It shall be unlawful for a person under nineteen years of age to knowingly and intentionally possess or receive any child sexual abuse material. (b) Violation of this subsection is a Class I misdemeanor. A second or subsequent conviction under this subsection is a Class IV felony. (3) For a defendant who was eighteen years of age or older but under nineteen years of age at the time of the offense, it shall be an affirmative defense to a charge made pursuant to subsection (2) of this section that: (a) The visual depiction: (i) Portrays a child who is fifteen years of age or older; (ii) Was knowingly and voluntarily generated by the child depicted therein; (iii) Was knowingly and voluntarily provided by such child; and (iv) Portrays only one child other than the defendant; (b) The defendant has not provided or made available the visual depiction to another person except such child; and (c) The defendant did not coerce such child to either create or send the visual depiction.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Hall (Nebraska Court of Appeals 2026)“…at, effective Sept. 3, 2025, § 28-813.01 was transferred to Neb. Rev. Stat. § 28-1803 (Supp. 2025)). Hall’s sentences of 5 to…”
- State v. Thomas (Nebraska Court of Appeals 2026)“…(Reissue 2024). That statute has since been transferred to Neb. Rev. Stat. § 28-1803 (Supp. 2025). We will rely on the statu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Age of Consent Laws: Statutes, Penalties and Reporting, Nebraska Deepfake Laws: Are Deepfakes Illegal? (2027), Nebraska Sexting Laws: Legal Consequences and Penalties
Sources and References
- Neb. Rev. Stat. 44-5443: AI-based algorithm in utilization review(nebraskalegislature.gov).gov
- LB 525, approved April 14, 2026 (Conversational Artificial Intelligence Safety Act)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 86-1802: terms defined(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 86-1803: minor account holders(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 86-1804: disclosure(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 86-1805: suicidal ideation or self-harm protocol(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 86-1806: mental or behavioral health representations(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 86-1807: Attorney General enforcement(nebraskalegislature.gov).gov
- LB 77, Ensuring Transparency in Prior Authorization Act(nebraskalegislature.gov).gov
- Nebraska Department of Insurance Guidance Document IGD-H1(doi.nebraska.gov).gov
- LB 383, approved May 20, 2025(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 28-1802: terms defined(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 28-1803: possess or receive(nebraskalegislature.gov).gov
- LB 371, approved May 30, 2025(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-3503: civil action(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-3505: remedies(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-3504: exceptions to liability(nebraskalegislature.gov).gov
- Nebraska Constitution article III, section 27(nebraskalegislature.gov).gov
- Legislative Journal, 109th Legislature, First Session, Day 89(nebraskalegislature.gov).gov
- Nebraska Department of Revenue: 2025 legislative changes(revenue.nebraska.gov).gov
- LB 1203 (108th Legislature) bill history(nebraskalegislature.gov).gov
- NITC Standard 8-609: Artificial intelligence policy(nitc.nebraska.gov).gov
- Neb. Rev. Stat. 87-1107: consumer rights(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 87-1103: applicability of Data Privacy Act(nebraskalegislature.gov).gov
- Nebraska Attorney General release: lawsuit against OpenAI, October 14, 2026(ago.nebraska.gov).gov
- State of Nebraska ex rel. Hilgers v. OpenAI Global, LLC et al., complaint(ago.nebraska.gov).gov
- LB 771, approved March 12, 2026(nebraskalegislature.gov).gov
- LB 1083 bill history(nebraskalegislature.gov).gov
- LB 642 bill history(nebraskalegislature.gov).gov
- LB 1185 bill history(nebraskalegislature.gov).gov
- LB 172 bill history(nebraskalegislature.gov).gov
- Nebraska Constitution article III, section 10(nebraskalegislature.gov).gov
- Legislative Journal, 109th Legislature, Second Session, Day 60(nebraskalegislature.gov).gov