Nebraska
Nebraska Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 8 primary sources cited on this page. How we verify our legal content
Nebraska outlaws deepfakes in two specific contexts: AI-generated child sexual abuse material (CSAM) under a criminal statute that expressly covers artificial intelligence, and nonconsensual intimate images of adults under a civil remedy law. A proposed election deepfake bill died in 2026. Nebraska has no voice-cloning statute, and no state right-of-publicity law covers AI digital replicas.
Is It Illegal to Make a Deepfake of Someone in Nebraska?
The answer depends on what the deepfake depicts. Nebraska law targets two narrow categories: sexually explicit material involving minors, and nonconsensual intimate images of adults. Outside those two buckets, creating a deepfake is not a standalone crime under Nebraska law.
Nebraska does not have a general-purpose deepfake prohibition. There is no statute banning AI-generated political disinformation and no criminal penalty for deepfakes used in harassment, even in the intimate-image context for adults. Commercial misuse of a person's likeness, AI-generated or not, can trigger civil liability under the state invasion of privacy statute (Neb. Rev. Stat. § 20-202). The civil Uniform Act fills part of the gap for victims of nonconsensual intimate images, and federal law addresses election interference and voice fraud separately.
Three buckets to know:
- Sexual and intimate deepfakes involving adults: civil remedies are available now (and the civil Act is not limited to adult victims); the state criminal statute covers only real recordings, so federal law supplies the criminal penalty for deepfakes.
- Sexual deepfakes involving minors (AI-CSAM): a serious felony under state and federal law, with AI coverage explicit in the statute.
- Election deepfakes: no Nebraska law; the bill died in 2026.
Sexual and Intimate Deepfakes
Civil remedies (in force now). Nebraska's Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (Neb. Rev. Stat. §§ 25-3501 to 25-3508) provides a civil cause of action to an individual whose intimate images are disclosed without consent. The statute's definition of "depicted individual" expressly includes persons shown "by means of computer generation or digital manipulation," meaning AI-generated or doctored deepfakes are covered as long as the victim is identifiable.
The Act is not limited to adult victims. Section 25-3502 defines "individual" as "a human being," with no age qualifier, and § 25-3504(c) then carves out a parent, legal guardian, or person with legal custody from liability for disclosing a child's intimate image, only for § 25-3504(d) to withdraw that carve-out where the disclosure was prohibited by other law or made for sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. That structure exists because minors are within the Act's protected class.
A plaintiff may recover economic and noneconomic losses including emotional distress. If actual damages are hard to quantify, the court may award presumed damages of up to $10,000 per defendant. Plaintiffs may also recover any monetary gain the defendant made from the disclosure, plus reasonable attorney fees and injunctive relief.
Criminal penalty (real images only). Neb. Rev. Stat. § 28-311.08, first enacted in 1996 and last restructured by LB 630 (2019), criminalizes recording and distributing intimate images of real people. Distributing an image recorded in violation of the statute is a Class IIA felony for a first or second offense and a Class II felony for a third or subsequent offense; distributing a private intimate image without consent is a Class I misdemeanor, rising to a Class IV felony for repeat offenses. The statute contains no computer-generated or AI language, so it does not reach deepfake intimate images of adults. A 2026 amendment (LB 935, effective July 18, 2026) adds drone-related language but still does not cover deepfakes. Federal law fills that gap (see below).
AI-generated CSAM (minors). Nebraska's Child Sexual Abuse Material Prevention Act (Neb. Rev. Stat. §§ 28-1801 to 28-1806) explicitly covers computer-generated and AI-created material. Section 28-1802 defines "computer-generated" as material "created, adapted, or modified by using a computer, digital program or process, artificial intelligence, or any similar device or means." The statute covers visual depictions of real children, and of persons with identifiable physical features of a child, whether or not the material is obscene. A purely computer-generated person who merely appears to be a child is covered when the material is obscene (§ 28-1802(2)).
Penalties under the Act:
- Creation and distribution (§ 28-1805): it is unlawful to "knowingly make, direct, create, or in any manner generate any child sexual abuse material," or to distribute, sell, trade, publish, or provide it. A person 19 or older at the time of the offense is guilty of a Class ID felony for each offense; a prior covered conviction elevates the charge to a Class IC felony. This is the provision most directly on point for AI-generated material, and it is a materially more serious class than possession.
- Possession (§ 28-1803): Class IIA felony for adults 19 and older; a prior covered conviction elevates the charge to a Class IC felony.
- Possession with intent to distribute (§ 28-1804): Class II felony for adults 19 and older; Class IC felony for prior offenders.
LB 383 (2025) amended and consolidated these provisions, and Nebraska was among the first states to prosecute a case involving AI-generated CSAM under this framework.
Election and Political Deepfakes
Nebraska has no enacted election deepfake law. LB 615, introduced in January 2025, would have prohibited distributing deepfakes under the Nebraska Political Accountability and Disclosure Act within 90 days of an election. The bill was referred to the Government, Military and Veterans Affairs Committee, received a hearing in March 2025, and was indefinitely postponed on April 17, 2026.
That means Nebraskans can create and share AI-generated political content without any state-law disclosure requirement or prohibition. Federal law offers limited protection: the FCC's AI-robocall ruling (FCC 24-17, 2024) prohibits AI-generated voices in political robocalls without prior express consent. Broader federal election deepfake legislation has not passed.
California's election deepfake statute was struck down and permanently enjoined on First Amendment grounds in 2025, signaling the constitutional difficulty these laws face. Nebraska's failure to pass LB 615 reflects both legislative inertia and those legal headwinds.
AI Voice Cloning and Digital Likeness
Nebraska has no statute specifically addressing AI voice cloning or digital replicas for commercial or non-intimate purposes. The state has not enacted an ELVIS Act-style law. Tennessee's ELVIS Act (Tenn. Code Ann. §§ 47-25-1101 et seq., eff. July 1, 2024) is the national archetype, extending the right of publicity to voice simulations produced by AI. Nebraska has not followed that model.
Nebraska does have a statutory appropriation claim. Neb. Rev. Stat. § 20-202 (enacted 1979) makes anyone who exploits a person's name, picture, portrait, or personality for advertising or commercial purposes liable for invasion of privacy. The statute does not mention voice, and no Nebraska appellate decision applies it to AI-generated voice simulations.
For voice fraud and impersonation, federal law provides some coverage. The FTC's Impersonation Rule (16 CFR Part 461, eff. April 1, 2024) prohibits AI voice cloning used to impersonate government agencies or businesses. The FCC's ruling under the TCPA makes AI-generated voice calls to phones without prior express consent illegal. Neither rule covers private entertainment or commercial use of voice simulations.
For guidance on how Nebraska approaches artificial intelligence more broadly, see Nebraska AI Laws, which covers the general AI regulatory landscape distinct from the narrow intimate-image and CSAM statutes addressed here.
Federal Law That Applies in Nebraska
Several federal laws fill gaps in Nebraska's coverage:
TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025). The first federal law targeting intimate deepfakes. It is a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including "digital forgeries" (AI deepfakes). Penalty: up to 2 years in prison, or 3 years if the victim is a minor. Platforms must remove flagged content within 48 hours of a victim's notice; the compliance deadline was May 19, 2026. The FTC enforces the platform-removal obligation. This law applies in Nebraska and supplements the state's civil remedy. Nebraska has no criminal deepfake statute, enacted or awaiting an operative date, so for an adult intimate deepfake the federal offense is the criminal avenue and there is no state charge to wait for.
Federal CSAM law (18 U.S.C. § 2256(8)(B), PROTECT Act 2003). Federal law covers computer-generated images of minors "indistinguishable" from a real child. That standard is Congress's response to Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), which struck down the earlier Child Pornography Prevention Act provisions reaching material that "appears to be" a minor or "conveys the impression" of one. Ashcroft held that virtual imagery produced without any real child records no crime and creates no victim, so it stays protected speech unless it is obscene under Miller. The PROTECT Act narrowed the ban rather than overruling that holding, and 18 U.S.C. § 2252A(c) still gives a defendant an affirmative defense that the material was not produced using any actual minor, though that defense is unavailable where the depiction is of an identifiable minor. Federal CSAM charges often accompany state charges and carry severe mandatory minimum sentences.
DEFIANCE Act (S. 1837 / H.R. 3562, 119th Congress). This bill would create a federal civil cause of action for sexual deepfake victims with liquidated damages of $150,000 ($250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment). The 118th Congress version passed the Senate in July 2024 but died in the House. The current version, S. 1837, passed the Senate by unanimous consent on January 13, 2026, and is now pending in the House. It is not yet law. See our article on the DEFIANCE Act for the latest status. It is not current law.
NO FAKES Act (S. 4591 / H.R. 8915, 119th Congress). A proposed federal right of publicity for voice and likeness against unauthorized AI digital replicas. Not passed by either chamber as of June 2026. Pending only.
FCC AI-robocall ruling (FCC 24-17, Feb. 2024). AI-generated voices in robocalls are treated as "artificial" under the TCPA. Robocalls using AI voice clones without prior express consent are illegal regardless of state law.
What Victims Can Do
If you are a victim of a deepfake intimate image in Nebraska, you have several avenues:
Platform takedown. Under the TAKE IT DOWN Act, platforms must remove flagged nonconsensual intimate images, including deepfakes, within 48 hours of a victim's notice. File a report directly with the platform hosting the content.
Civil lawsuit. Under Nebraska's Uniform Civil Remedies Act (Neb. Rev. Stat. §§ 25-3501 to 25-3508), you can sue the person who disclosed the image for economic losses, emotional distress, presumed damages up to $10,000 per defendant, and attorney fees. The cause of action is available now and expressly covers AI-generated images. It is not limited to adults: the Act protects any "individual," defined as "a human being," so a minor victim of a sexual deepfake is within its protected class.
Criminal report (real images). If the image is a real recording rather than a deepfake, distributing it without consent is already a crime under § 28-311.08. File a report with local law enforcement or the Nebraska State Patrol. For AI-generated images of adults, state criminal charges are not available; use the federal avenues below.
Federal criminal report (now). The TAKE IT DOWN Act creates a federal crime. Contact the FBI or the National Center for Missing and Exploited Children (NCMEC) if the images involve minors.
AI-CSAM reports. Report AI-generated child sexual abuse material to NCMEC's CyberTipline, local law enforcement, or the FBI. Nebraska and federal law both apply, and penalties are severe.
For broader recording and privacy rights in Nebraska, see Nebraska Recording Laws and Nebraska Data Privacy Laws.
Penalties at a Glance
| Conduct | Law | Penalty |
|---|---|---|
| Make, create, or generate AI-CSAM (adult 19+) | Neb. Rev. Stat. § 28-1805 | Class ID felony |
| Possess AI-generated CSAM (adult 19+) | Neb. Rev. Stat. § 28-1803 | Class IIA felony |
| Possess AI-CSAM with intent to distribute (adult) | Neb. Rev. Stat. § 28-1804 | Class II felony |
| Distribute real intimate recording of adult without consent | Neb. Rev. Stat. § 28-311.08 (real images only; no deepfake coverage) | Class I misdemeanor up to Class II felony, by subsection and priors |
| Publish nonconsensual intimate deepfake (federal) | TAKE IT DOWN Act (P.L. 119-12) | Up to 2 years federal prison (3 years if victim is minor) |
| AI voice clone in robocall without consent | TCPA / FCC 24-17 | FCC enforcement; civil penalties |
| AI voice used to impersonate government or business | FTC Impersonation Rule, 16 CFR Part 461 | FTC enforcement action |
Disclaimer: This page provides general legal information, not legal advice. Deepfake and AI-image laws are changing faster than almost any other area of law; a statute that is pending today may be enacted tomorrow, and one that is enacted may be challenged in court. If you are a victim or face potential liability, consult a licensed Nebraska attorney.
For the full 50-state comparison, see Deepfake and AI Voice Cloning Laws by State.
More Nebraska Laws
- Nebraska AI Meeting Recording Laws
- Nebraska Data Privacy Laws
- Nebraska Recording Laws
- Nebraska Sexting Laws
Frequently Asked Questions
Is it illegal to make a deepfake of someone in Nebraska?
It depends on the content. Knowingly making or generating AI-created child sexual abuse material is a Class ID felony for an adult 19 or older under Neb. Rev. Stat. § 28-1805, part of the Child Sexual Abuse Material Prevention Act (§§ 28-1801 to 28-1806). Distributing nonconsensual intimate deepfakes of adults triggers civil liability under Neb. Rev. Stat. §§ 25-3501 to 25-3508 and federal criminal liability under the TAKE IT DOWN Act, but Nebraska's criminal statute (§ 28-311.08) covers only real recorded images. Making a political or general deepfake is not a standalone crime in Nebraska.
Can I sue someone for a deepfake in Nebraska?
Yes. Nebraska's Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (Neb. Rev. Stat. §§ 25-3501 to 25-3508) expressly covers AI-generated and digitally manipulated intimate images. You can recover economic losses, emotional distress damages, up to $10,000 in presumed damages per defendant, the defendant's monetary gains from disclosure, and attorney fees. The Act defines 'individual' as 'a human being,' so it protects minor victims as well as adults.
Is deepfake porn a crime in Nebraska?
Creating or distributing AI-generated CSAM is already a felony. For adults, the civil cause of action is available now, but Nebraska's criminal statute (Neb. Rev. Stat. § 28-311.08) covers only real recordings, not AI-generated images. The federal TAKE IT DOWN Act makes publishing nonconsensual intimate deepfakes a federal crime punishable by up to two years in prison.
Are AI voice clones illegal in Nebraska?
Nebraska has no state law specifically prohibiting AI voice cloning. Using an AI voice clone in a robocall without prior express consent is illegal under the FCC's 2024 ruling. Using AI voice to impersonate a government entity or business violates the FTC Impersonation Rule. For general commercial or creative uses, there is no Nebraska statute governing AI voice replicas.
Does Nebraska have an election deepfake law?
No. LB 615, which would have banned distributing election deepfakes within 90 days of a vote under the Nebraska Political Accountability and Disclosure Act, was indefinitely postponed on April 17, 2026. Nebraska has no state election deepfake prohibition as of June 2026.
What is the TAKE IT DOWN Act and does it apply in Nebraska?
The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the first federal law targeting nonconsensual intimate deepfakes. It applies in every state, including Nebraska. It is a federal crime to knowingly publish such content, with penalties up to 2 years in prison. Platforms must remove flagged content within 48 hours of a victim's notice.
How do I report AI-generated CSAM in Nebraska?
Report to NCMEC's CyberTipline (cybertipline.org), the FBI's Internet Crime Complaint Center (IC3.gov), or local law enforcement. Nebraska's Child Sexual Abuse Material Prevention Act (§§ 28-1801 to 28-1806) and federal law both apply. Knowingly making or generating the material is a Class ID felony under § 28-1805 and possession is a Class IIA felony under § 28-1803; federal charges often accompany state charges with mandatory minimums.
Does Nebraska have a right-of-publicity law covering AI likeness?
Not for AI specifically. Neb. Rev. Stat. § 20-202 creates statutory liability for exploiting a person's name, picture, portrait, or personality for advertising or commercial purposes, but it does not mention voice or digital replicas. The state has not passed an ELVIS Act-style statute extending publicity rights to AI-generated voice or digital replicas. The proposed federal NO FAKES Act would create such a right nationally, but it has not passed Congress as of June 2026.
Updates
Corrected the Nebraska AI-CSAM penalty to distinguish creating or generating the material (Class ID felony under § 28-1805) from possessing it (Class IIA under § 28-1803), corrected the description of Ashcroft v. Free Speech Coalition, removed the incorrect suggestion that a Nebraska criminal deepfake statute is awaiting an operative date, and clarified that the state's civil intimate-image remedy protects minors as well as adults.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Updated NO FAKES Act federal bill citation to S.4591 (119th Congress, "NO FAKES Act of 2026") and current Senate Judiciary Committee status.
Governing law re-checked for recent changes
Reviewed and approved by an editor
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 25: COURTS; CIVIL PROCEDURE
§ 25-3503Civil actionIn forcecited in 2 of our articles
(a) In this section: (1) Harm includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) Private means: (A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; (B) made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property; or (C) created by means of computer generation or digital manipulation without the consent of the depicted individual. (b) Except as otherwise provided in section 25-3504, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether: (1) the depicted individual did not consent to the disclosure; (2) the intimate image was private; and (3) the depicted individual was identifiable.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Revenge Porn Laws by State: All 50 States and DC (2026)
§ 25-3502DefinitionsIn force
In the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act: (1) Consent means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) Depicted individual means an individual whose body is shown in whole or in part in an intimate image, including by means of computer generation or digital manipulation. (3) Disclosure means transfer, publication, or distribution to another person. Disclose has a corresponding meaning. (4) Identifiable means recognizable by a person other than the depicted individual: (A) from an intimate image itself; (B) from an intimate image and identifying characteristic displayed in connection with the intimate image; or (C) from information displayed in connection with an intimate image. (5) Identifying characteristic means information that may be used to identify a depicted individual. (6) Individual means a human being.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 25-3504Exceptions to liabilityIn force
(a) In this section: (1) Child means an unemancipated individual who is less than nineteen years of age. (2) Parent means an individual recognized as a parent under law of this state other than the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. (b) A person is not liable under the act if the person proves that disclosure of, or a threat to disclose, an intimate image was: (1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment; (2) made in good faith in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct; (3) related to a matter of public concern or public interest; or (4) reasonably intended to assist the depicted individual. (c) Subject to subsection (d) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the act for a disclosure or threatened disclosure of an intimate image, as defined in subdivision (7)(A) of section 25-3502, of the child.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 25-3501Act, how citedIn force
Sections 25-3501 to 25-3508 shall be known and may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Nebraska Revised Statutes, Chapter 28: CRIMES AND PUNISHMENTS
§ 28-1802Terms, definedIn forcecited in 2 of our articles
As used in the Child Sexual Abuse Material Prevention Act, unless the context otherwise requires: (1) Child means an individual under the age of eighteen years other than the defendant; (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…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Nebraska Sexting Laws: Legal Consequences and Penalties
§ 28-1805Child sexual abuse material; prohibited acts; affirmative defense; penaltyIn forcecited in 4 of our articles
(1) It shall be unlawful for a person to knowingly make, direct, create, or in any manner generate any child sexual abuse material. (2) It shall be unlawful for a person knowingly to purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, publish, circulate, or provide to any person any child sexual abuse material. (3) It shall be unlawful for a person to knowingly employ, force, authorize, induce, or otherwise cause a child to appear or be depicted in any child sexual abuse material. (4) It shall be unlawful for a parent, stepparent, legal guardian, or any person with custody and control of a child, knowing the content thereof, to consent to such child appearing or being depicted in any child sexual abuse material.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Thomas (Nebraska Court of Appeals 2026)“…(Reissue 2022). That statute has since been transferred to Neb. Rev. Stat. § 28-1805 (Supp. 2025). We will review the assign…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Pornography Laws (2026): Obscenity, AV Law, CSAM Penalties, Nebraska Age of Consent Laws: Statutes, Penalties and Reporting
§ 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 AI Laws and Regulation (2026)
§ 28-1804Child sexual abuse material; acts related to possession; violation; penaltyIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 28-1801Act, how citedIn force
Sections 28-1801 to 28-1806 shall be known and may be cited as the Child Sexual Abuse Material Prevention Act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 28-311.08Unlawful intrusion; photograph, film, or record image or video of intimate area; distribute or make public; penalty; court; duties; registration under Sex Offender Registration Act; statute of limitationsIn forcecited in 18 of our articles
(1) It shall be unlawful for any person to knowingly intrude upon any other person without his or her consent in a place of solitude or seclusion. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony. (2) It shall be unlawful for any person to knowingly and intentionally photograph, film, or otherwise record an image or video of the intimate area of any other person without his or her knowledge and consent when his or her intimate area would not be generally visible to the public regardless of whether such other person is located in a public or private place. Violation of this subsection is a Class IV felony. (3) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person recorded in violation of subsection (2) of this section without that person's consent. A first or second violation of this subsection is a Class IIA felony. A third or subsequent violation of this subsection is a Class II felony.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. McGovern (Nebraska Supreme Court 2022, 311 Neb. 705)“…62 See Riley v. California, supra note 5. 63 See Neb. Rev. Stat. § 28-311.08 (Reissue 2016 & Cum. Supp. 2020).…”
- State v. Zitterkopf (Nebraska Supreme Court 2024, 317 Neb. 312)“…unlawful distribution of an intimate image in violation of Neb. Rev. Stat. § 28-311.08(3) (Cum. Supp. 2022). Zitterkopf claims…”
- In Re Interest of Dustin S. (Nebraska Supreme Court 2008, 276 Neb. 635)“…le undressing would constitute a Class II misdemeanor under Neb. Rev.Stat. § 28-311.08 (Cum.Supp.2006). Therefore, Dustin is a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Recording Laws (2026): One-Party Consent Rules, Nebraska Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026), Nebraska Public Recording Laws: Filming in Public Spaces and Government Meetings (2026)
Nebraska Revised Statutes, Chapter 20: CIVIL RIGHTS
§ 20-202Invasion of privacy; exploitation of a person for advertising or commercial purposes; situations; not applicableIn force
Any person, firm, or corporation that exploits a natural person, name, picture, portrait, or personality for advertising or commercial purposes shall be liable for invasion of privacy. The provisions of this section shall not apply to: (1) The publication, printing, display, or use of the name or likeness of any person in any printed, broadcast, telecast, or other news medium or publication as part of any bona fide news report or presentation or noncommercial advertisement having a current or historical public interest and when such name or likeness is not used for commercial advertising purposes; (2) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property when such person has consented to the use of his or her name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof so long as such use does not differ materially in kind, extent, or duration from that authorized by the consent as fairly construed; or (3) Any photograph of a person solely as a member of the public when such person is…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- Sabrina W. v. Willman (Nebraska Court of Appeals 1995, 4 Neb. Ct. App. 149)“…ed into three separate causes of action. They are found in Neb. Rev. Stat. §§ 20-202 through 20-205 (Reissue 1991) and gene…”
- Wilkinson v. Methodist, Richard Young Hospital (Nebraska Supreme Court 2000, 259 Neb. 745)“…nson alleged that his privacy had been invaded pursuant to Neb. Rev. Stat. §§ 20-202 to 20-205 (Reissue 1997) on the follow…”
- Miller v. American Sports Co., Inc. (Nebraska Supreme Court 1991, 237 Neb. 676)“…t authorized by the consent as fairly construed---- Neb. Rev. Stat. § 20-202 (Reissue 1987). The uncontradic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 2256Definitions for chapterIn forcecited in 56 of our articles
For the purposes of this chapter, the term— “minor” means any person under the age of eighteen years; Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated— sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the anus, genitals, or pubic area of any person; For purposes of subsection 8(B) 1 So in original. Probably should be “(8)(B)”.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,142 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Ashcroft v. Free Speech Coalition (2002) held the child pornography definitions in 2256(8)(B) and (8)(D), reaching virtual and pandered images, overbroad under the First Amendment. United States v. Williams (2008) construed sexually explicit conduct in 2256(2)(A), reading simulated to require explicit portrayal of the act.
Opinions citing this section in our collection:
- United States v. Williams (Supreme Court of the United States 2008, 553 U.S. 285)✓Williams posted a chat-room link to photos of real children and was convicted of pandering. Upholding that ban, the Court read section 2256(2)(A)'s definition of sexually explicit conduct as tracking the one approved in Ferber, and said material must in fact meet it.
- Ashcroft v. Free Speech Coalition (Supreme Court of the United States 2002, 535 U.S. 234)✓An adult-entertainment trade group, a nudist-lifestyle publisher, a painter and a photographer challenged the CPPA. The Court held sections 2256(8)(B) and 2256(8)(D), reaching images that only appear to be of minors or are pandered that way, overbroad and unconstitutional.
- United States v. X-Citement Video, Inc. (Supreme Court of the United States 1994, 513 U.S. 64)✓A distributor sold tapes of an actress filmed before she turned 18. Besides reading 'knowingly' in section 2252 to reach the performer's age, the Court rejected as insubstantial the claim that section 2256 is vague and overbroad for setting majority at 18 and using 'lascivious.'
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Deepfake & AI Voice Cloning Laws by State (2026), Alaska Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Arizona Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
§ 2252ACertain activities relating to material constituting or containing child pornographyIn forcecited in 16 of our articles
Any person who— knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography; knowingly receives or distributes— any child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or any material that contains child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; knowingly— reproduces any child pornography for distribution through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer; or advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 3,530 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United States v. Williams (2008) held that Section 2252A(a)(3)(B), the pandering and solicitation provision, is neither overbroad under the First Amendment nor unconstitutionally vague. United States v. Pugh (2008) applied the section at sentencing, holding a probation-only sentence for possession unreasonable.
Opinions citing this section in our collection:
- United States v. Williams (Supreme Court of the United States 2008, 553 U.S. 285)✓Williams posted in a chat room offering 'good' pictures of his toddler daughter for swaps and linked to images of real children; the Supreme Court held 2252A(a)(3)(B), which bans offers to provide or requests to obtain child pornography, is neither overbroad nor vague.
- United States v. Pugh (Court of Appeals for the Eleventh Circuit 2008, 515 F.3d 1179)✓Pugh pleaded guilty under 2252A(a)(5)(B) to possessing 68 images and two videos of child pornography he obtained by posing as a girl in chat rooms; the Eleventh Circuit held the five-year probation sentence, with no prison and no supervised release, substantively unreasonable.
- Ashcroft v. Free Speech Coalition (Supreme Court of the United States 2002, 535 U.S. 234)✓Adult entertainment producers, a nudist publisher and artists challenged the CPPA definitions reaching images that 'appear to be' or 'convey the impression' of minors; the Supreme Court held both definitions, which widened what 2252A reaches, facially overbroad.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Sexting Laws: Legal Consequences and Penalties, Hawaii Sexting Laws: Legal Consequences and Penalties, Minnesota Sexting Laws: Legal Consequences and Penalties
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Sources and References
- Neb. Rev. Stat. §§ 25-3501 to 25-3508: Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 25-3502: Definitions (depicted individual includes computer generation or digital manipulation)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. §§ 28-1801 to 28-1806: Child Sexual Abuse Material Prevention Act (LB 383, 2025; AI-generated CSAM expressly covered)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-1802: Definitions: 'computer-generated' includes artificial intelligence(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-311.08: Unlawful intrusion; record or distribute intimate images; penalty (covers real images only, no AI provision)(nebraskalegislature.gov).gov
- LB 615 (109th Legislature, 2025): Election deepfake bill, indefinitely postponed April 17, 2026(nebraskalegislature.gov).gov
- TAKE IT DOWN Act, Public Law 119-12 (S.146, 119th Congress, signed May 19, 2025)(congress.gov).gov
- 18 U.S.C. § 2256(8)(B): Federal CSAM statute covering computer-generated and AI images (PROTECT Act 2003)(law.cornell.edu)
- Neb. Rev. Stat. § 20-202: Invasion of privacy; exploitation of a person for advertising or commercial purposes(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 28-1805: Child sexual abuse material; make, create, or generate; distribute; penalty (Class ID felony for a person 19 or older)(nebraskalegislature.gov)
- Neb. Rev. Stat. § 25-3504: Liability and exceptions, including the parent/guardian exception for a child's intimate image and its withdrawal(nebraskalegislature.gov)
- Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002): CPPA §§ 2256(8)(B) and (8)(D) struck down as overbroad; virtual imagery made without a real child is protected unless obscene(law.cornell.edu)
- 18 U.S.C. § 2252A(c): affirmative defense that the material was not produced using any actual minor(law.cornell.edu)