LB 383 — Adopt the Parental Rights in Social Media Act, rename the Child Pornography Prevention Act, and prohibit conduct involving computer-generated child pornography

(3) Cable operator means any person or group of persons (a) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system or (b) -9- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;

and -10- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (12) Visual depiction has the same meaning as in section 2 of this act 28-1463.02.

and (viii) Any real property, including any right, title, and interest in the whole of or any part of any lot or tract of land, used in furtherance of a -4- LB383 LB383 2025 violation of the Child Sexual Abuse Material Child Pornography Prevention Act or section 28-813, 28-831, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.

(c)(i) No property used by any person as a common carrier in the -11- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the property is a consenting party or privy to a violation of the Child Sexual Abuse Material Child Pornography Prevention Act or section 28-813, 28-831, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.

(b) A petition for forfeiture shall be filed by the Attorney General or a county attorney in the name of the State of Nebraska and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought, or the county in which the owner of the -12- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 seized property is found.

(6) If the property is a motor vehicle or vessel and is not titled in the State of Nebraska, then an attempt shall be made to ascertain the name and address of the person in whose name the motor vehicle or vessel is licensed, and if the motor vehicle or vessel is licensed in a state which has in effect a certificate of title law, inquiry of the appropriate agency of that state shall be made as to what the records of the agency show as to who is the record owner of the motor vehicle or vessel and who, if anyone, holds any lien, security interest, or other -13- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 instrument in the nature of a security device that affects the motor vehicle or vessel.

(9) If the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage, or deed of trust that affects the property, the record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest, or holder of an encumbrance, mortgage, or deed of trust that affects the property is to be named in the petition of -5- LB383 LB383 2025 forfeiture and is to be served with process in the same manner as in civil cases.

(10) If the owner of the property cannot be found and served with a copy of the petition of forfeiture or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, there shall be filed with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing -14- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 addressed to "the Unknown Owner of ............," filling in the blank space with a reasonably detailed description of the property subject to forfeiture.

(c) At the hearing any claimant of any right, title, or interest in the property may prove his or her lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage, or deed of -15- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 trust to be bona fide and created without actual knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

The proceeds of the sale shall first be applied to the cost and expense in administering and conducting the sale, then to the satisfaction of all mortgages, deeds of trust, liens, and encumbrances of -16- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 record on the property.

(2) All courts and administrative agencies shall unequivocally deny any request by the defendant, his or her attorney, or any other person, agency, or organization, regardless of whether such defendant, attorney, or other person, agency, or organization is a party in interest or not, to acquire possession -6- LB383 LB383 2025 of, copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child sexual abuse material a visual depiction of sexually explicit conduct, as defined in section 2 of this act 28-1463.02, and which has a child, as defined in such section, as one of its participants or portrayed observers, so long as the state makes the property or material reasonably available to the defendant in a criminal proceeding.

(3)(a) For purposes of this section, property or material are deemed -17- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 to be reasonably available to a defendant if the state provides ample opportunity for inspection, viewing, examination, and analysis of the property or material, at a law enforcement or state-operated facility, to the defendant, his or her attorney, and any individual the defendant seeks to use for the purpose of furnishing expert testimony.

For purposes of this section, an offense shall be deemed to -18- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 have been committed prior to August 30, 2015, if any element of the offense occurred prior to such date.

28-320.0228-320.02 (1) (1) No person shall knowingly solicit, coax, entice, or lure (a) a child sixteen years of age or younger or (b) a peace officer who is believed by such person to be a child sixteen years of age or younger, by means of an electronic communication device as that term is defined in section 28-833, to engage in an act which would be in violation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320.

If a person who violates this section has previously been convicted of a covered offense as defined in section 2 of this act violation of this section or section 28-308, 28-309, 28-310, 28-311, -19- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813.01, 28-833, 28-1463.03, or 28-1463.05 or subsection (1) or (2) of section 28-320, the person is guilty of a Class IC felony.

-7- LB383 LB383 2025 28-833 (1) A person commits the offense of enticement by electronic communication device if he or she is nineteen years of age or over and knowingly and intentionally utilizes an electronic communication device to contact a child under sixteen years of age or a peace officer who is believed by such person to be a child under sixteen years of age and in so doing:

(3) Enticement by electronic communication device is deemed to have -20- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 been committed either at the place where the communication was initiated or where it was received.

-21- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (4) Prosecutor includes the Attorney General of the State of Nebraska, the deputy attorney general, assistant attorneys general, a county attorney, a deputy county attorney, or any person so designated by the Attorney General, a county attorney, or a court of the state to carry out the powers conferred by the act;

and possession of ephedrine, -22- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 pseudoephedrine, or phenylpropanolamine with the intent to manufacture methamphetamine under section 28-452;

forgery -8- LB383 LB383 2025 in the second degree under section 28-603;

unlawful manufacture of a financial transaction -23- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 device under section 28-627;

possession of a firearm by a prohibited juvenile -24- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 offender under section 28-1204.05;

-25- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (6) State means the State of Nebraska or any political subdivision or any department, agency, or instrumentality thereof;

or (b) Which was incurred in connection with the business of gambling in -9- LB383 LB383 2025 violation of federal law or the law of the state or the business of lending money or a thing of value at a rate usurious under state law if the usurious rate is at least twice the enforceable rate.

(a) The owner or possessor of the property has been convicted of a -26- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107;

(4)(a) (3) At any time after the filing of the information in district court and prior to final disposition of the criminal case, any person or entity, other than the defendant, with a claimed legal interest in the property may petition to intervene in the district court with jurisdiction over the criminal case for the specific and limited purpose of demonstrating such person's his, her, or its legal interest in the -27- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 property and such person's his, her, or its lack of actual knowledge that such property was derived from, used, or intended to be used to facilitate a covered offense in violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.

The court, on its own -28- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 motion or upon application of the intervening claimant, may appoint counsel to represent the claimant such person if the claimant such person is indigent.

If the claimant he or she asserts indigency, the court shall make a reasonable inquiry to -10- LB383 LB383 2025 determine the claimant's such person's financial condition and may require the claimant him or her to execute an affidavit of indigency for filing with the clerk of the court.

-29- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (8)(a) (5)(a) The court shall order that any amount or portion of property proven by the state by clear and convincing evidence to be derived from, used, or intended to be used to facilitate a covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 be forfeited to the state and disposition of such property be conducted in accordance with this subsection and section 28-1439.02 at such time as the property is no longer required as evidence in any criminal proceeding.

as defined in section 28-833, any equipment, components, peripherals, software, hardware, or -30- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 accessories related to electronic communication devices;

(13) (10) If the owner or possessor of the property fails to appear in court as ordered after prosecution for a covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 is commenced but appears or is apprehended within twelve months after the failure to appear order was issued by the court, the court may order the owner or possessor of the property, as a part of any sentence imposed for either the failure to appear or the conviction for a covered offense of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01,-11- 28-1102, 28-1103, 28-1104, 28-1105, -31- ER53 ER53 LB383 LB383 MJP2025 -28-813.01, 04/17/202528-1102, MJP28-1103, -28-1104, 04/17/202528-1105, 28-1105.01, or 28-1107, to pay a storage fee of one hundred dollars per month for each month the property was held following the issuance of the failure to appear order.

and -32- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (b) Evidence supporting the arrest or prosecution of the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting such sexual assault to law enforcement or requesting emergency medical assistance.

or -33- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (ii) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses listed in subdivision (3)(b)(i) of this section as the underlying offense.

(3) Except as otherwise provided by law, no person shall be prosecuted for kidnapping under section 28-313, false imprisonment under section 28-314 or 28-315, child abuse under section 28-707, pandering under section 28-802, debauching a minor under section 28-805, or an offense under section 28-813 -12- LB383 LB383 2025 when the victim is under sixteen years of age at the time of the offense (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim's sixteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense -34- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 has been committed or within seven years next after the victim's sixteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(7) No person shall be prosecuted for criminal impersonation under section 28-638, identity theft under section 28-639, or identity fraud -35- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 under section 28-640 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(11) There shall not be any time limitations for prosecution or -36- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 punishment for treason, murder, arson, forgery, sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01, incest under section 28-703, sexual assault of a child in the first degree under section 28-319.01, labor trafficking of a minor or sex trafficking of a minor under subsection (1) of section 28-831, or an offense under section 5 of this act 28-1463.03;

(15) If any suit, information, or indictment is quashed or the proceedings -13- LB383 LB383 2025 set aside or reversed on writ of error, the time during the pendency of such suit, information, or indictment so quashed, set aside, or reversed shall not be reckoned within this statute so as to bar any new suit, information, or indictment for the same offense.

(17) The changes made to this section by Laws 2005, LB 713, shall apply to offenses committed prior to September 4, 2005, for which the -37- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 statute of limitations has not expired as of such date and to offenses committed on or after such date.

and (2)(a) Victim means a person who has had a personal confrontation with an offender as a result of a homicide under sections 28-302 to 28-306, a first degree assault under section 28-308, a second degree assault under section 28-309, a third degree assault under section 28-310 -38- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 when the victim is an intimate partner as defined in section 28-323, a first degree false imprisonment under section 28-314, a first degree sexual assault under section 28-319, a sexual assault of a child in the first degree under section 28-319.01, a second or third degree sexual assault under section 28-320, a sexual assault of a child in the second or third degree under section 28-320.01, domestic assault in the first, second, or third degree under section 28-323, or a robbery under section 28-324.

(e) Victim also includes a person who was the victim of a theft -39- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 under section 28-511, 28-512, 28-513, or 28-517 when (i) the value of the thing involved is five thousand dollars or more and (ii) the victim and perpetrator were intimate partners as defined in section 28-323.

29-400329-4003 (1)(a) (1)(a) The Sex Offender Registration Act applies to any person who on or after January 1, 1997:

-14- LB383 LB383 2025 (B) False imprisonment of a minor pursuant to section 28-314 or 28-315;

(K) Knowingly possessing or receiving any child sexual abuse -40- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 material visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers pursuant to subsection (1) or (5) (4) of section 3 of this act 28-813.01;

or (O) Attempt, solicitation, aiding or abetting, being an accessory, or conspiracy to commit an offense listed in subdivisions (1)(a)(i)(A) through (1)(a)(i)(N)(1) (a)(i)(N) of this section;

(i)(A) Except as provided in subdivision (1)(b)(i)(B) of this section, has ever pled guilty to, pled nolo contendere to, or been found -41- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 guilty of any of the following:

or (XVII) Attempt, solicitation, aiding or abetting, being an accessory, or conspiracy to commit an offense listed in subdivisions (1)(1)(b)(i)(A)(I) (b)(i)(A)(I) through (1)(b)(i)(A)(XVI) of this section.

(B) In order for the Sex Offender Registration Act to apply to the offenses listed in subdivisions (1)(b)(i)(A)(I), (II), (III), (IV), (V), (VI), (VII), (IX), and (X) of this section, a court shall have found that evidence of sexual penetration or sexual contact, as those terms are defined in section 28-318, was present in the record, which shall include -42- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 consideration of the factual basis for a plea-based conviction and information contained in the presentence report;

(ii) Has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to a registrable offense under subdivision (1)(b)(i) of this section by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a -15- LB383 LB383 2025 foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under section 29-2264 or any other procedure to nullify a conviction other than by pardon;

(c) In addition to the registrable offenses under subdivisions (1)(1)(a) (a) and (b) of this section, the Sex Offender Registration Act applies to any person who on or after January 1, 2020:

(d) In addition to the registrable offenses under subdivisions (1)(1)(a), (a), (b), and (c) of this section, the Sex Offender Registration Act applies to any person who on or after January 1, 2023:

(i) Has ever pled guilty to, pled nolo contendere to, or been found guilty of human trafficking under subsection (1) or (2) of section -43- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 28-831, and the court determines either by notification of sex offender registration responsibilities or notation in the sentencing order that the human trafficking was sex trafficking or sex trafficking of a minor and not solely labor trafficking or labor trafficking of a minor;

or (iii) An advocate who is employed by a child advocacy center that -44- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 meets the requirements of subsection (2) of section 28-728.

-45- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (a) Criminal justice agency has the same meaning as in section 29-3509;

and -16- LB383 LB383 2025 (c) Sexual assault means a violation of section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, or 28-703, or section 5 of this act 28-1463.03 or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707.

(f) To the sharing of reports and information regarding child abuse and neglect with a child abuse and neglect investigation team or child -46- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 abuse and neglect treatment team provided for in section 28-728;

83-174.02 (1)83-174.02 (1) The Department of Correctional Services shall order an evaluation of the following individuals by a mental health professional to determine whether or not the individual is a dangerous sex offender:

(vii) incest of a minor pursuant to -47- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 section 28-703;

-17- LB383 LB383 2025 Sec.

Section 84-205, Reissue Revised Statutes of Nebraska, is -48- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 amended to read:

Such officers shall not pay or contract to pay from the funds of the state any money for special attorneys or counselors-at-law unless the employment of such special counsel is made upon the written authorization of the -49- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 Governor or the Attorney General;

(12) To include within the budget of the office sufficient funding to assure oversight and representation of the State of Nebraska for -50- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 district court appeals of administrative license revocation proceedings under section 60-498.04;

If the county attorney declines in writing to prosecute a case involving a crime against a child because of an ethical consideration, including the presence or appearance of a conflict of interest, or for any other reason, the division shall, upon the receipt of a written request of the -18- LB383 LB383 2025 county attorney, the Department of Health and Human Services, the minor child, the parents of the minor child, or any other interested party, investigate the matter and either -51- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 decline to prosecute the matter or initiate the appropriate criminal proceedings in a court of proper jurisdiction.

(8) Represents that goods or services are of a particular standard, -52- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 quality, or grade, or that goods are of a particular style or model, if they are of another;

-53- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (16) Uses any scheme or device to defraud by means of:

-19- LB383 LB383 2025 (20) Violates any provision of the Nebraska Foreclosure Protection Act;

(22)(i) In the manufacture, production, importation, distribution, -54- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 promotion, display for sale, offer for sale, attempt to sell, or sale of a substance:

A violation under this subdivision (a)(a)(22) (22) shall be treated as a separate and distinct violation from any other offense arising out of acts alleged to have been committed while the person was in violation of this section;

254, as -55- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 such section existed on January 1, 2024;

Sections Sections 26 to 30 of this act shall be known and may be cited as the Parental Rights in Social Media Act.

(2)(a)(2) Content includes a text, an image, or a video.video;

(b)(3) ContentDigitized doesidentification notcard includemeans ana interactivedata gamefile orthat anycontains formall of -56-the ER53data ER53elements LB383visible LB383on MJPthe -face 04/17/2025and MJPback -of 04/17/2025a educationalgovernment-issued entertainment;operator's license or government-issued identification document and displays the current status of the license or document;

(3) Digitized identification card means a data file that contains all of the data elements visible on the face and back of a government- issued operator's license or government-issued identification document and displays the current status of the license or document;

(8) Post means content that an account holder makes available on a social -20- LB383 LB383 2025 media platform for other account holders and users to view;

and -57- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (ii) Enables an account holder to communicate with other account holders and users through posts.

and (12) User means a person who consumes posts on a social media -58- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 platform but who is not an account holder.

-59- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 (4) A social media company shall provide a parent of a minor account holder with methods for the parent to supervise the minor's account.

and -21- LB383 LB383 2025 (c) At the discretion of the court, reasonable attorney's fees and other litigation costs reasonably incurred.

The The Attorney General shall enforce the Parental Rights in Social Media Act and may impose a penalty of up to two thousand five hundred dollars per violation.

-60- ER53 ER53 LB383 LB383 MJP - 04/17/2025 MJP - 04/17/2025 Sec.

2.-22-

On page 1, strike beginning with "social" in line 1 through line 3 and insert "minors;

to amend sections 25-21,291, 25-21,302, 27-1301, 28-116, 28-320.02, 28-813.02, 28-833, 28-1463.01, 28-1463.02, 28-1463.06, 28-1601, 28-1602, 83-174.02, 84-205, and 87-302, Reissue Revised Statutes of Nebraska, and sections 28-813.01, 28-1354, 28-1463.03, 28-1463.05, 28-1701, 29-110, 29-119, 29-4003, 29-4309, and 29-4316, Revised Statutes Cumulative Supplement, 2024;

to adopt the Parental Rights in Social Media Act;

change the name of the Child Pornography Prevention Act to the Child Sexual Abuse Material Prevention Act;

to prohibit conduct involving computer-generated child pornography;

to prohibit receipt of child pornography;

to transfer provisions of the Nebraska Criminal Code and the Child Pornography Prevention Act;

to provide enhanced penalties;

to define and redefine terms;

to eliminate obsolete provisions;

to harmonize provisions;

to provide operative dates;

to provide severability;

to repeal the original sections;

and to outright repeal section 28-1463.04, Reissue Revised Statutes of Nebraska.".

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