§ 25-21,304. Child sexual abuse material; obscene material; prohibited acts; civil action by victim; damages; contributory negligence; civil penalties; Attorney General; enforcement; deceptive trade practice; Internet utilities; supplemental to other remedies; sovereign immunity waived.

(1) For purposes of this section: (a) Child sexual abuse material has the same meaning as in section 28-1802; (b) Internet utility has the same meaning as in section 87-1002; (c) Obscene has the same meaning as in section 28-807; and (d) Prohibited content means any depiction or content that: (i) Is child sexual abuse material; (ii) Promotes child sexual abuse material; or (iii) Is obscene. (2) A person shall not knowingly and intentionally: (a) Allow or facilitate access to prohibited content on a publicly available Internet website; (b) Issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means on an Internet website any prohibited content; or (c) Create or develop prohibited content that is made available on an Internet website. (3)(a) Except as provided in subdivision (3)(b) of this section, an individual depicted in or exposed to prohibited content may bring a civil action for appropriate relief against any person who violates subsection (2) of this section with respect to such prohibited content. (b) This subsection does not authorize a civil action by an adult whose exposure to child sexual abuse material was caused by such adult's intentional viewing of such material. (c) Appropriate relief in an action under this subsection includes: (i) Such preliminary and other equitable relief as may be appropriate; and (ii) Actual damages, both economic and noneconomic. (d) If the plaintiff prevails in an action brought under this subsection, the court shall award to the plaintiff reasonable attorney's fees and other litigation costs reasonably incurred. (e) In an action under this subsection, the doctrine of contributory negligence shall not apply, and no plaintiff shall be allocated fault under Chapter 25. A person who violates subsection (2) of this section shall be jointly and severally liable for damages caused by such violation. (4)(a) A person who violates subsection (2) of this section shall be subject to a civil penalty of not more than ten thousand dollars per violation. The Attorney General or a county attorney may seek recovery of such civil penalties in a civil action. (b) The Attorney General or a county attorney may also bring a civil action against a person who violates subsection (2) of this section to restrain or enjoin such violation and for such other equitable relief as the court deems appropriate to carry out the purposes of this section. (c) If the Attorney General or county attorney prevails in an action brought under this subsection, the court shall award to the Attorney General or county attorney reasonable attorney's fees and other litigation costs reasonably incurred. (d) Any civil penalties collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. (5) Any violation of subsection (2) of this section shall, additionally and separately, constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act. (6) This section shall not be construed to affect the liability for any action that otherwise violates the Uniform Deceptive Trade Practices Act. (7) An Internet utility does not violate subsection (2) of this section solely by providing access or connection to or from a website or other information or content on the Internet or a facility, system, or network not under the Internet utility's control, including providing access or transmitting, downloading, or storing data, to the extent that such Internet utility is not responsible, in whole or in part, for the creation or development of prohibited content. (8) This section is intended to create a new statutory cause of action that is in addition to any other remedy that may exist under the law. The duties and liabilities created under this section apply whether or not the violator would be considered a publisher or distributor of prohibited content under any other statutory or common law cause of action. (9) Sovereign immunity shall not be an affirmative defense in a civil action brought pursuant to this section. (10) Any remedy available under this section may be awarded without regard to whether the conduct giving rise to the remedy resulted in a criminal conviction. History: Laws 2026, LB935, § 6.