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§ 25-21,306.Child sexual exploitation device or image; prohibited acts; civil action by victim; civil penalty; Attorney General; enforcement; deceptive trade practice.

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

In one sentenceEffective July 18, 2026, this section lets a minor whose features are represented by a child sexual exploitation device or image sue whoever buys, sells, distributes, or possesses it, recovering equitable relief and damages, with the Attorney General or a county attorney separately able to seek civil penalties.

Full Text of § 25-21,306

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(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.

Source

Laws 2026, LB935, § 8. Operative Date: July 18, 2026

Cross References

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

Plain-English Summary

Section 25-21,306, operative since July 18, 2026, targets a different category of prohibited item than sections 25-21,304 and 25-21,305 — not visual depictions on the internet, but physical or imaged objects. A child sexual exploitation device or image is an anatomically correct mannequin, robot, doll, device, or image that has, or resembles, the features of a minor — someone under eighteen — and is intended for use in sexual acts.

A person may not knowingly buy, sell, deliver, or distribute such a device or image; knowingly possess one that has already been bought, sold, delivered, or distributed; or possess one with the intent to engage in any of that prohibited conduct. A minor whose features are represented, or intended by the violator to be represented, by such a device or image may sue anyone who violates these prohibitions with respect to that device or image, recovering preliminary and other equitable relief along with actual economic and noneconomic damages, plus reasonable attorney’s fees and litigation costs if the plaintiff prevails.

As with the internet-based provisions in section 25-21,304, the Attorney General or a county attorney may separately pursue a civil penalty of up to $10,000 per violation, seek an injunction or other equitable relief, and recover reasonable fees and costs, with any violation also counting as a deceptive trade practice under the Uniform Deceptive Trade Practices Act.

Frequently Asked Questions

What counts as a “child sexual exploitation device or image” under this section?

An anatomically correct mannequin, robot, doll, device, or image that has, or resembles, the features of an individual under eighteen and is intended for use in sexual acts.

What conduct does this section prohibit?

Knowingly buying, selling, delivering, or distributing such a device or image; knowingly possessing one that has already been bought, sold, delivered, or distributed; or possessing one with intent to engage in that conduct.

Who can bring a civil action under this section?

A minor whose features are represented, or intended by the violator to be represented, by the device or image, against anyone who violated the prohibitions with respect to it.

What can a successful plaintiff recover?

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

Can the Attorney General or a county attorney enforce this section too?

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 a violation of this section count as anything besides a civil-remedy violation?

Yes. It additionally and separately constitutes a deceptive trade practice under the Uniform Deceptive Trade Practices Act.

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
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