28-1463.05 Visual depiction of sexually explicit acts related to possession; violation; penalty. - Nebraska Statutes

28-1463.05. Visual depictionof sexually explicit acts related to possession; violation; penalty.(1) It shall be unlawful for a person to knowingly possesswith intent to rent, sell, deliver, distribute, trade, or provide to any personany visual depiction of sexually explicit conduct which has a child as oneof its participants or portrayed observers.(2)(a) Any person who is under nineteen years of age at thetime he or she violates this section shall be guilty of a ClassIIIA felony for each offense.(b) Any personwho is nineteen years of age or older at the time he or she violates thissection shall be guilty of a Class III felony for each offense.(c) Any personwho violates this section and has previously been convicted of a violationof this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813, 28-833, or 28-1463.03 or subsection(1) or (2) of section 28-320 shall be guilty of a Class IC felony for eachoffense. SourceLaws 1985, LB 668, § 4; Laws 1986, LB 788, § 2; Laws 2004, LB 943, § 7; Laws 2009, LB97, § 20. Cross ReferencesRegistration of sex offenders, see sections 29-4001 to 29-4014. AnnotationsProsecutor is free to prosecute conduct arguably within this provision under another provision with harsher penalties, so long as decision is not based on race, religion, or other arbitrary classification. State v. Burke, 225 Neb. 625, 408 N.W.2d 239 (1987).