§ 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.

Article 21: Special Proceedings and Actions · Last amended 2026 · Last verified July 22, 2026

In one sentenceEffective July 18, 2026, this section lets a person depicted in or exposed to child sexual abuse material or obscene content on a website sue whoever knowingly facilitated, distributed, or created it, recovering equitable relief and damages, alongside separate Attorney General enforcement and a waiver of sovereign immunity.

Full Text of § 25-21,304

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(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;

(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

(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.

(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.

Source

Laws 2026, LB935, § 6. Operative Date: July 18, 2026

Cross References

Uniform Deceptive Trade Practices Act, see section 87-306.

Plain-English Summary

Section 25-21,304, operative since July 18, 2026, targets prohibited content on the internet — content that is child sexual abuse material as defined in section 28-1802, that promotes such material, or that is obscene as defined in section 28-807. A person may not knowingly and intentionally allow or facilitate access to such content on a publicly available website, issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate it by any means on a website, or create or develop it for a website.

An individual depicted in or exposed to prohibited content may sue anyone who violates that prohibition with respect to the content involving them, recovering preliminary or other equitable relief along with actual economic and noneconomic damages, plus reasonable attorney’s fees and litigation costs if the plaintiff prevails. The one carve-out: an adult cannot sue based on exposure to child sexual abuse material that resulted from that adult’s own intentional viewing of it. Within this civil action, contributory negligence does not apply, no plaintiff can be assigned fault, and a violator is jointly and severally liable for the resulting damages.

The Attorney General or a county attorney can separately pursue a civil penalty of up to $10,000 per violation, seek an injunction and other equitable relief, and recover reasonable fees and costs if successful. Any violation also counts, independently, as a deceptive trade practice under the Uniform Deceptive Trade Practices Act. An internet utility is not liable solely for providing access or a connection to content outside its control, so long as it bears no responsibility for creating or developing the prohibited content. The section states plainly that it creates a new cause of action supplemental to any other remedy, that sovereign immunity is not a defense to it, and that a remedy under it does not depend on a criminal conviction for the same conduct.

Frequently Asked Questions

What content does this section target?

“Prohibited content” — material that is child sexual abuse material as defined in section 28-1802, material that promotes child sexual abuse material, or material that is obscene as defined in section 28-807.

Who can sue under this section?

An individual depicted in or exposed to the prohibited content, against anyone who knowingly and intentionally allowed or facilitated access to it, distributed it, or created or developed it on an internet website.

Is there an exception that limits who can sue?

Yes. An adult cannot sue based on their own intentional viewing of child sexual abuse material — the section does not authorize a claim arising from that adult’s deliberate exposure to the material.

What can a successful plaintiff recover?

Preliminary and other equitable relief as appropriate, actual damages covering both economic and noneconomic loss, and reasonable attorney’s fees and litigation costs.

Does contributory negligence reduce or bar a plaintiff’s recovery in this type of case?

No. The section states that contributory negligence does not apply and no plaintiff may be allocated fault; a violator is jointly and severally liable for the damages caused.

Can the Attorney General or a county attorney also pursue a case under this section?

Yes. Either may seek a civil penalty of up to $10,000 per violation, an injunction or other equitable relief, and reasonable fees and costs if they prevail.

Does an internet service provider automatically face liability for content it merely transmits or hosts?

No. An internet utility does not violate this section solely by providing access or a connection to content on a website or network outside its control, as long as it is not responsible for creating or developing the prohibited content.

Does sovereign immunity protect a government defendant from this civil action?

No. The section expressly states that sovereign immunity is not an affirmative defense to an action brought under it.

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: civil action child sexual abuse material internet nebraskaobscene content website liabilityinternet utility safe harbor nebraskadeceptive trade practice csamsovereign immunity waived child sexual abuse material act