28-833. Enticement by electronic communication device; penalty.

326 words·~1 min read·/ne/chapter-28/28-833

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of enticement by electronic communication device if he or she is nineteen years of age or over and knowingly and intentionally utilizes an electronic communication device to contact a child under sixteen years of age or a peace officer who is believed by such person to be a child under sixteen years of age and in so doing:

(a)Uses or transmits any indecent, lewd, lascivious, or obscene language, writing, or sound;

(b)Transmits or otherwise disseminates any visual depiction of sexually explicit conduct; or

(c)Offers or solicits any indecent, lewd, or lascivious act.

(2)Enticement by electronic communication device is a Class IV felony.

(3)Enticement by electronic communication device is deemed to have been committed either at the place where the communication was initiated or where it was received.

(4)For purposes of this section:

(a)Electronic communication device means any device which, in its ordinary and intended use, transmits by electronic means writings, sounds, visual images, or data of any nature to another electronic communication device;

(b)Sexually explicit conduct has the same meaning as in section 28-1802 ; and

(c)Visual depiction has the same meaning as in section 28-1802 .

Where a prosecution involves a minor child rather than a decoy, a defendant's knowledge that the recipient is under age 16 is an element of the crime of enticement by electronic communication device. State v. Paez, 302 Neb. 676, 925 N.W.2d 75 (2019).

This section is not overbroad and thus, does not violate the First Amendment. State v. Kass, 281 Neb. 892, 799 N.W.2d 680 (2011).

This section proscribes a person age 19 or older from knowingly and intentionally using an electronic communication device to contact a child under age 16, or peace officer whom the person believes to be a child under age 16, and using language that conjures up repugnant sexual images. State v. Kass, 281 Neb. 892, 799 N.W.2d 680 (2011).