28-1804. Child sexual abuse material; acts related to possession; violation; penalty.
158 words·~1 min read·
/ne/chapter-28/28-1804A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)It shall be unlawful for a person to knowingly possess with intent to rent, sell, deliver, distribute, trade, or provide to any person any child sexual abuse material.
(2)(a) Any person who is under nineteen years of age at the time he or she violates this section shall be guilty of a Class IIIA felony for each offense.
(b)Any person who is nineteen years of age or older at the time he or she violates this section shall be guilty of a Class II felony for each offense.
(c)Any person who violates this section and who has previously been convicted of a covered offense shall be guilty of a Class IC felony for each offense.
Prosecutor 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).