§ 25-21,306. Child sexual exploitation device or image; prohibited acts; civil action by victim; civil penalty; Attorney General; enforcement; deceptive trade practice.
AI-assisted research summary: This section prohibits knowingly buying, selling, delivering, distributing, or certain possession of a child sexual exploitation device or image, and it allows civil enforcement and victim lawsuits.
(1) For purposes of this section: (a) Child sexual exploitation device or image means an anatomically correct mannequin, robot, doll, device, or image that: (i) Has the features of, or features that resemble those of, a minor; and (ii) Is intended for use in sexual acts; and (b) Minor means an individual under eighteen years of age. (2) A person shall not: (a) Knowingly buy, sell, deliver, or distribute any child sexual exploitation device or image; (b) Knowingly possess a child sexual exploitation device or image that has been bought, sold, delivered, or distributed; or (c) Possess a child sexual exploitation device or image with the intent to engage in any conduct prohibited by subdivision (2)(a) of this section. (3)(a) A minor whose features are represented by, or intended by the violator to be represented by, a child sexual exploitation device or image, may bring a civil action for appropriate relief against any person who violates subsection (2) of this section with respect to such device or image. (b) 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. (c) 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. (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. History: Laws 2026, LB935, § 8.