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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 978
Introduced by Storer, 43; Bosn, 25; DeKay, 40; Hallstrom, 1; Hardin, 48.
Read first time January 12, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil actions; to provide for civil actions1
against persons for conduct relating to obscene materials, child2
sexual abuse materials, and child sexual exploitation devices and3
images; to define terms; to provide powers for the Attorney General4
and county attorneys; to provide immunity for Internet utilities,5
courts, attorneys, and agents and employees of courts and attorneys;6
to provide a civil penalty; and to provide severability.7
Be it enacted by the people of the State of Nebraska,8
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Section 1. (1) For purposes of this section: 1
(a) Child sexual abuse material has the same meaning as in section2
28-1802; 3
(b) Internet utility has the same meaning as in section 87-1002;4
(c) Obscene has the same meaning as in section 28-807; and5
(d) Prohibited content means any depiction or content that:6
(i) Is child sexual abuse material; 7
(ii) Describes or promotes child sexual abuse material; or8
(iii) Is obscene. 9
(2) A person shall not intentionally: 10
(a) Allow or facilitate access to prohibited content on a publicly11
available Internet website; 12
(b) Issue, sell, give, provide, deliver, transfer, transmit,13
circulate, or disseminate by any means on an Internet website any14
prohibited content; or 15
(c) Create or develop prohibited content that is made available on16
an Internet website. 17
(3)(a) Except as provided in subdivision (3)(b) of this section, an18
individual depicted in or exposed to prohibited content may bring a civil19
action for appropriate relief against any person who violates subsection20
(2) of this section with respect to such prohibited content.21
(b) This subsection does not authorize a civil action by an adult22
whose exposure to child sexual abuse material was caused by such adult's23
intentional viewing of such material. 24
(c) Appropriate relief in an action under this subsection includes:25
(i) Such preliminary and other equitable relief as may be26
appropriate; 27
(ii) Actual damages, both economic and noneconomic; and28
(iii) Reasonable attorney's fees and other litigation costs29
reasonably incurred. 30
(d) In an action under this subsection, the doctrine of contributory31
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negligence shall not apply, and no plaintiff shall be allocated fault1
under Chapter 25. A person who violates subsection (2) of this section2
shall be jointly and severally liable for damages caused by such3
violation. 4
(4) The Attorney General may bring a civil action against a person5
who violates subsection (2) of this section to restrain or enjoin such6
violation and for such other equitable relief as the court deems7
appropriate to carry out the purposes of this section.8
(5) An Internet utility does not violate subsection (2) of this9
section solely by providing access or connection to or from a website or10
other information or content on the Internet or a facility, system, or11
network not under the Internet utility's control, including providing12
access or transmitting, downloading, or storing data, to the extent that13
such Internet utility is not responsible, in whole or in part, for the14
creation or development of prohibited content. 15
(6) This section is intended to create a new statutory cause of16
action that is in addition to any other remedy that may exist under the17
law. The duties and liabilities created under this section apply whether18
or not the violator would be considered a publisher or distributor of19
prohibited content under any other statutory or common law cause of20
action. 21
(7) Sovereign immunity shall not be an affirmative defense in a22
civil action brought pursuant to this section. 23
(8) Any remedy available under this section may be awarded without24
regard to whether the conduct giving rise to the remedy resulted in a25
criminal conviction. 26
Sec. 2. (1) For purposes of this section, prohibited content has27
the same meaning as in section 1 of this act. 28
(2) There shall be no civil or criminal liability for the viewing or29
possession of prohibited content by: 30
(a) A judge who does so in good faith and for purposes of a31
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proceeding before the court; 1
(b) An attorney who does so in good faith in the course of2
representing a client or potential client; or 3
(c) An agent or employee of a judge or attorney who does so in good4
faith and for a legitimate purpose while acting with the scope of such5
agency or employment. 6
Sec. 3. (1) For purposes of this section: 7
(a) Child sexual exploitation device or image means an anatomically8
correct mannequin, robot, doll, device, or image that:9
(i) Has the features of, or features that resemble those of, a10
minor; and 11
(ii) Is intended for use in sexual acts; and 12
(b) Minor means an individual under eighteen years of age.13
(2) A person shall not: 14
(a) Knowingly buy, sell, deliver, or distribute any child sexual15
exploitation device or image; 16
(b) Knowingly possess a child sexual exploitation device or image17
that has been bought, sold, delivered, or distributed; or18
(c) Possess a child sexual exploitation device or image with the19
intent to engage in any conduct prohibited by subdivision (2)(a) of this20
section. 21
(3)(a) A minor whose features are represented by, or intended by the22
violator to be represented by, a child sexual exploitation device or23
image, may bring a civil action for appropriate relief against any person24
who violates subsection (2) of this section with respect to such device25
or image. 26
(b) Appropriate relief in an action under this subsection includes:27
(i) Such preliminary and other equitable relief as may be28
appropriate; 29
(ii) Actual damages, both economic and noneconomic; and30
(iii) Reasonable attorney's fees and other litigation costs31
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reasonably incurred. 1
(4)(a) A person who violates subsection (2) of this section shall be2
subject to a civil penalty of not more than ten thousand dollars per3
violation. The Attorney General or a county attorney may seek recovery of4
such civil penalties in a civil action. 5
(b) The Attorney General or a county attorney may also bring a civil6
action against a person who violates subsection (2) of this section to7
restrain or enjoin such violation and for such other equitable relief as8
the court deems appropriate to carry out the purposes of this section.9
(c) Any civil penalties collected under this section shall be10
remitted to the State Treasurer for distribution in accordance with11
Article VII, section 5, of the Constitution of Nebraska.12
Sec. 4. If any section in this act or any part of any section is13
declared invalid or unconstitutional, the declaration shall not affect14
the validity or constitutionality of the remaining portions.15
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