NebraskaLB383109th Legislature 1st and 2nd SessionslegislatureWALLET

Adopt the Parental Rights in Social Media Act, rename the Child Pornography Prevention Act, and prohibit conduct involving computer-generated child pornography

Sponsored By: Tanya Storer

Signed by Governor

Judiciary Committee

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 8 benefits, 4 costs, 5 mixed.

Harsher penalties for CSAM possession and sharing

Adults 19 or older who knowingly possess or receive child sexual abuse material commit a Class IIA felony. If you are under 19, a first possession/receipt offense is a Class I misdemeanor; a later offense is a Class IV felony. Possessing CSAM with intent to distribute is a Class IIIA felony if under 19 and a Class II felony if 19 or older; a prior covered‑offense conviction upgrades it to a Class IC felony. Making, creating, or distributing CSAM is a Class III felony if under 19 and a Class ID felony if 19 or older; a prior covered‑offense conviction upgrades it to a Class IC felony.

Stronger forfeiture rules and owner protections

Courts can seize money, cars, guns, phones, computers, and related gear when a person is convicted and the case asked for forfeiture. The prosecutor must give notice in the charging papers and, before sentencing, prove by clear and convincing evidence which property was tied to the crime. A defendant may ask for a pretrial probable-cause hearing within 30 days. People who are not the defendant can intervene, get a speedy hearing, and reclaim property if they prove a legal interest and no actual knowledge, or that the property was not tied to the crime. Indigent intervenors can get fee waivers and a court‑appointed lawyer. Agencies may destroy electronic devices, use vehicles up to one year, or sell property as the law allows. A plea deal can include forfeiture, and judges can order it at sentencing.

More support and privacy for victims

Child advocacy center staff count as advocates, and if possible an advocate should speak the victim’s language or use a qualified interpreter. Confidentiality rules allow sharing with advocates and certain health care providers to get care and support. More CSAM offenses count as sexual assault for victims’ rights and for immunity when victims report or seek help. The law also defines who is a victim in CSAM cases and includes the child’s parents or guardians.

Parents can sue and AG can fine

Beginning July 1, 2026, people harmed by violations of the Parental Rights in Social Media Act can sue social media companies or their vendors. You can seek court orders and damages. If a company keeps your identifying information when the law requires deletion, you can get actual damages. A court may also award your attorney’s fees and costs. The Attorney General can fine companies up to $2,500 per violation and must send the money to the State Treasurer.

AI and child-like images now illegal

The law says a child is anyone under 18. It expands child sexual abuse material to include images that show a child, show someone with child‑like features, or are obscene and show a real or computer‑made child. Computer‑generated and digitally altered images count the same as photos. This makes AI and morphed child‑sexual images illegal under the Act.

CSAM crimes now count for racketeering

Acts involving illegal visual depictions of sexually explicit conduct and Computer Crimes Act violations now count as racketeering activity. Prosecutors can use these acts as predicates to bring racketeering cases against coordinated criminal groups.

Stronger civil rules on sexual content with minors

Businesses cannot make public or monetize sexual content that shows people under 18, trafficking victims, or anyone who did not consent. Telecommunications services are excluded. Civil laws now use “child sexual abuse material,” align with the criminal definitions, and bar parents or guardians from consenting to a child’s sexual depictions. These updates strengthen civil claims and enforcement.

Harsher repeat penalties and $100/month fees

The law defines "covered offense" to include child sexual abuse material crimes, certain drug distribution crimes, and several gambling crimes. If you possess or receive child sexual abuse material and have a past covered-offense conviction, the new offense is a Class IC felony. When a failure-to-appear order is issued, courts can add a $100-per-month storage fee for property held if you reappear or are caught within 12 months. The fee adds up for each month the property is held after the order.

More CSAM convictions require sex offender registration

People convicted on or after January 1, 1997 of conduct tied to child sexual abuse material must register as sex offenders. The law also adds receiving CSAM (not just possessing) to the list that triggers registration. Registrants must follow reporting, residence, and other rules under the Sex Offender Registration Act.

Tougher repeat-offender rules for online enticement

Repeat offenders who break the electronic‑enticement law and have a prior covered offense commit a Class IC felony. The law also clarifies terms used in enticement cases by defining electronic communication device and aligning the meanings of sexually explicit conduct and visual depiction.

Social media accounts for minors need parent OK

Beginning July 1, 2026, platforms must use reasonable age checks and cannot let Nebraska minors open accounts without express parental consent. A parent must verify their age and return a signed oath or form by mail, fax, or electronic scan. Third‑party verifiers must delete identifying data after verification. Parents get tools to view posts and messages, change settings, limit time, revoke consent, and remove the account.

More time to charge child sex crimes

For certain offenses, prosecutors have seven years from the crime or seven years after the victim turns 18, whichever is later. Some listed crimes have no time limit to charge, especially when the victim was under 16. The law also says sections 3 and 4 do not apply to crimes before August 30, 2015.

Narrow defenses for teen-made images

The law creates two narrow defenses in cases about youth-created sexual images. People 18 but under 19 can use a defense only if the image shows a child 15 or older, the child made and gave it voluntarily, it shows only one other child, there was no sharing to others, and there was no coercion. People under 18 can use a defense only if the age gap with the child is under four years and the same limits are met. All listed conditions must be met.

Stronger privacy and software install rules

The law bans businesses from lying in privacy policies about how they use your personal information. It also bans installing or offering file-sharing programs on someone else’s computer without clear notice and an intentional opt-in by the owner. Companies cannot block reasonable efforts to stop, run, or remove those programs.

Stronger child-protection enforcement and reporting

The Attorney General’s Child Protection Division now covers CSAM offenses and helps county attorneys on request. Prisons must order mental‑health evaluations at least 180 days before release for people convicted of listed sexual offenses, including CSAM conduct. Film and photo processors who in good faith report or help with CSAM investigations get civil and criminal immunity, unless they make maliciously false statements.

Outdated sections repealed after law rewrite

The law repeals a list of older statutes, including section 28-1463.04, to align with the new child sexual abuse material framework. This cleans up and replaces prior sections that no longer apply.

Strict custody rules for CSAM evidence

Child sexual abuse material must stay in the custody of law enforcement, the prosecutor, or the court. No one can copy or distribute it, but the state must allow inspection at a law enforcement or state‑run facility. Defense experts can get copies only by court order and must return them when done. The Supreme Court will set statewide handling and transfer rules.

Sponsors & Cosponsors

Sponsor

  • Tanya Storer

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 520 • No: 135

legislature vote • 5/14/2025

Final Reading

Yes: 46 • No: 3

legislature vote • 4/30/2025

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • 4/30/2025

Vote

Yes: 12 • No: 33 • Other: 4

legislature vote • 4/30/2025

Vote

Yes: 38 • No: 4 • Other: 7

legislature vote • 4/11/2025

Vote

Yes: 41 • No: 0 • Other: 8

legislature vote • 4/11/2025

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • 4/11/2025

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • 4/11/2025

Vote

Yes: 30 • No: 4 • Other: 15

legislature vote • 4/11/2025

Vote

Yes: 38 • No: 2 • Other: 9

legislature vote • 4/10/2025

Vote

Yes: 4 • No: 26 • Other: 19

legislature vote • Unknown

Vote

Yes: 12 • No: 33 • Other: 4

legislature vote • Unknown

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • Unknown

Vote

Yes: 41 • No: 0 • Other: 8

legislature vote • Unknown

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • Unknown

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • Unknown

Vote

Yes: 4 • No: 26 • Other: 19

legislature vote • Unknown

Vote

Yes: 30 • No: 4 • Other: 15

Actions Timeline

  1. Provisions/portions of LB172 amended into LB383 by AM1009

    6/6/2025legislature
  2. Approved by Governor on May 20, 2025

    5/20/2025legislature
  3. Presented to Governor on May 14, 2025

    5/14/2025legislature
  4. President/Speaker signed

    5/14/2025legislature
  5. Passed on Final Reading 46-3*-0

    5/14/2025legislature
  6. Dispensing of reading at large approved

    5/14/2025legislature
  7. Enrollment and Review ST31 recorded

    5/6/2025legislature
  8. Enrollment and Review ST31 filed

    5/6/2025legislature
  9. Placed on Final Reading with ST31

    5/6/2025legislature
  10. Advanced to Enrollment and Review for Engrossment

    4/30/2025legislature
  11. McKinney AM1115 lost

    4/30/2025legislature
  12. McKinney AM1115 filed

    4/30/2025legislature
  13. Storer FA133 withdrawn

    4/30/2025legislature
  14. Storer AM1180 adopted

    4/30/2025legislature
  15. Enrollment and Review ER53 adopted

    4/30/2025legislature
  16. Storer AM1180 filed

    4/24/2025legislature
  17. Storer FA133 filed

    4/24/2025legislature
  18. Enrollment and Review ER53 filed

    4/22/2025legislature
  19. Placed on Select File with ER53

    4/22/2025legislature
  20. Advanced to Enrollment and Review Initial

    4/11/2025legislature
  21. Storer AM1016 adopted

    4/11/2025legislature
  22. Judiciary AM1009 adopted

    4/11/2025legislature
  23. Judiciary AM1010 adopted

    4/11/2025legislature
  24. Cavanaugh, J. AM1007 adopted

    4/11/2025legislature
  25. Storer AM1016 to AM1010 filed

    4/10/2025legislature

Bill Text

  • Introduced

    1/17/2025

  • Enrolled / Slip Law

  • Final / Enacted

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