To prevent ongoing and further exploitation of any person who was a participant or portrayed observer or his or her parent or legal guardian, the Attorney General, upon request, may pursue cases on behalf of any participant or portrayed observer or his or her parent or legal guardian who has a bona fide cause of action under the Exploited Children's Civil Remedy Act. All damages obtained shall go to the plaintiff or plaintiffs. For his or her role in pursuing a civil action under the act, the Attorney General may seek all of his or her reasonable attorney's fees and costs associated with the civil action.
§ 25-21,296.Attorney General; powers.
Article 21: Special Proceedings and Actions · Last amended 2010 · Last verified July 22, 2026
In one sentenceThis section lets the Nebraska Attorney General, upon request, pursue a civil action on behalf of a participant, portrayed observer, or parent or guardian with a bona fide claim under the act, with all damages going to the plaintiff and the Attorney General separately entitled to seek fees and costs.
Full Text of § 25-21,296
Source
Laws 2010, LB728, § 7.
Plain-English Summary
Section 25-21,296 gives the Attorney General a role in enforcing the Exploited Children’s Civil Remedy Act beyond the private lawsuits section 25-21,292 authorizes. To prevent ongoing and further exploitation, the Attorney General may, upon request, pursue a case on behalf of a participant, portrayed observer, or a parent or legal guardian, provided that person has a bona fide cause of action under the act.
The section is careful about where the money goes. All damages obtained through such a case belong to the plaintiff or plaintiffs — the Attorney General does not share in the recovery. What the Attorney General may seek separately, for the office’s role in pursuing the civil action, is reasonable attorney’s fees and costs associated with the case.
Frequently Asked Questions
Can the Attorney General bring a civil action on behalf of an exploited child?
Yes, upon request, and only where the participant, portrayed observer, or parent or legal guardian has a bona fide cause of action under the Exploited Children’s Civil Remedy Act.
Who receives the damages if the Attorney General pursues the case?
All damages obtained go to the plaintiff or plaintiffs, not to the Attorney General’s office.
Can the Attorney General still recover something for pursuing the case?
Yes. The Attorney General may seek reasonable attorney’s fees and costs associated with the civil action, separate from the damages that go to the plaintiff.
Is the Attorney General required to take every case that is requested?
The section uses discretionary language — the Attorney General “may” pursue a case — and requires that the underlying claim be bona fide.
What is the stated purpose behind giving the Attorney General this power?
To prevent ongoing and further exploitation of a participant or portrayed observer, or a parent or legal guardian, by adding a public-enforcement option alongside private civil actions.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: attorney general exploited children actag civil action child exploitation nebraskawho receives damages attorney general lawsuitattorney general fees civil remedy actnebraska ag enforcement child sexual abuse material