28-813.01 Sexually explicit conduct; visual depiction; unlawful; penalty; affirmative defense. - Nebraska Statutes

28-813.01. Sexuallyexplicit conduct; visual depiction; unlawful; penalty; affirmative defense.(1)It shall be unlawful for a person to knowingly possess any visual depictionof sexually explicit conduct, as defined in section 28-1463.02, which hasa child, as defined in such section, as one of its participants or portrayedobservers.(2)(a) Any person who is under nineteen years of age at thetime he or she violates this section shall be guilty of a ClassIV 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, 28-833, 28-1463.03, or 28-1463.05 orsubsection (1) or (2) of section 28-320 shall be guilty of a Class IC felonyfor each offense.(3) It shall be an affirmative defense to a charge made pursuantto this section that:(a) The visual depiction portrays no person other than the defendant;or(b)(i) The defendant was less than nineteen years of age; (ii)the visual depiction of sexually explicit conduct portrays a child who isfifteen years of age or older; (iii) the visual depiction was knowingly andvoluntarily generated by the child depicted therein; (iv) the visual depictionwas knowingly and voluntarily provided by the child depicted in the visualdepiction; (v) the visual depiction contains only one child; (vi) the defendanthas not provided or made available the visual depiction to another personexcept the child depicted who originally sent the visual depiction to thedefendant; and (vii) the defendant did not coerce the child in the visualdepiction to either create or send the visual depiction. SourceLaws 1988, LB 117, § 6; Laws 2003, LB 111, § 1; Laws 2009, LB97, § 15.