State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1463_02

28-1463.02. Terms, defined.As used in the Child Pornography Prevention Act, unless thecontext otherwise requires:(1) Child, in the case of a participant, means anyperson under the age of eighteen years and, in the case of a portrayed observer, means any person under the age of sixteen years;(2) Erotic fondling means touchinga person's clothed or unclothed genitals or pubic area, breasts if the personis a female, or developing breast area if the person is a female child, forthe purpose of real or simulated overt sexual gratification or sexual stimulationof one or more persons involved. Erotic fondling shall not be construed toinclude physical contact, even if affectionate, which is not for the purposeof real or simulated overt sexual gratification or sexual stimulation of oneor more of the persons involved;(3) Erotic nudity means thedisplay of the human male or female genitals or pubic area, the human femalebreasts, or the developing breast area of the human female child, for thepurpose of real or simulated overt sexual gratification or sexual stimulationof one or more of the persons involved;(4) Sadomasochistic abuse means flagellationor torture by or upon a nude person or a person clad in undergarments, a mask,or bizarre costume, or the condition of being fettered, bound, or otherwisephysically restrained when performed to predominantly appeal to the morbidinterest;(5) Sexually explicit conduct means: (a)Real or simulated intercourse, whether genital-genital, oral-genital, anal-genital,or oral-anal between persons of the same or opposite sex or between a humanand an animal or with an artificial genital; (b) real or simulated masturbation;(c) real or simulated sadomasochistic abuse; (d) erotic fondling; (e) eroticnudity; or (f) real or simulated defecation or urination for the purpose ofsexual gratification or sexual stimulation of one or more of the persons involved;and(6) Visual depiction means liveperformance or photographic representation andincludes any undeveloped film or videotape or data stored on a computer diskor by other electronic means which is capable of conversion into a visualimage and also includes any photograph, film, video, picture, digital image,or computer-displayed image, video, or picture, whether made or produced byelectronic, mechanical, computer, digital, or other means. SourceLaws 1985, LB 668, § 2; Laws 1986, LB 788, § 1; Laws 2009, LB97, § 17.AnnotationsAge of child may be proved by stipulation of defendant. State v. Burke, 225 Neb. 625, 408 N.W.2d 239 (1987).