25-21,292 Civil action authorized; recovery; attorney's fees and costs; injunctive relief. - Nebraska Statutes

25-21,292. Civil action authorized; recovery;attorney's fees and costs; injunctive relief.(1) Any participant or portrayedobserver in a visual depiction of sexually explicit conduct or his or herparent or legal guardian who suffered or continues to suffer personal or psychologicalinjury as a result of such participation or portrayed observation may bringa civil action against any person who knowingly and willfully (a) created,distributed, or actively acquired such visual depiction while in this stateor (b) aided or assisted with the creation, distribution, or active acquisitionof such visual depiction while such person or the person aided or assistedwas in this state.(2)A plaintiff who prevails in a civil action brought pursuant to the ExploitedChildren's Civil Remedy Act may recover his or her actual damages, which aredeemed to be a minimum of one hundred fifty thousand dollars, plus any andall attorney's fees and costs reasonably associated with the civil action.In addition to all other remedies available under the act, the court may alsoaward temporary, preliminary, and permanent injunctive relief as the courtdeems necessary and appropriate.(3) This section does not create a causeof action if the participant was sixteen years of age or older at the timethe visual depiction was created and the participant willfully and voluntarilyparticipated in the creation of the visual depiction.(4) No law enforcement officerengaged in his or her law enforcement duties, governmental entity, providerof interactive computer service, provider of telecommunications service, orcable operator is subject to a civil action under the Exploited Children'sCivil Remedy Act. SourceLaws 2010, LB728, § 3.Effective Date: July 15, 2010