Zach Worthington | KLKN

Update: LB 630 was passed today in the legislature on a 47-0 vote. It now heads to Governor Ricketts’ desk where it will be signed into law.

People who post pornographic images of others without their consent could face new criminal charges in Nebraska.

Currently, Nebraska is just one of seven states that has not passed a law to crack down on a practice known as ‘revenge porn.’

Senator Adam Morfeld’s LB 630, would allow prosecutors to bring felony charges against those who distribute sexually explicit images or videos of a person without their permission, usually with malicious intent.

“I think that anybody can agree that revenge porn is a horrible crime and it’s something that not only violates the privacy of individuals, but causes a lot of emotional harm. We’re one of the last states that hasn’t passed a revenge porn law, so I’m happy to introduce it,” said Morfeld.

The first part of Morfeld’s bill would criminalize revenge porn.

A person who violates this provision will be charged with a Class I misdemeanor for a first offense, punishable by up to one year in prison, a $1,000 fine or both.

Second and subsequent offenses are a Class IV felony, punishable by up to two years in prison with 12 months post-release supervision, a $10,000 fine or both.

The bill also creates the offense of threatening to distribute intimate images with the intent to intimidate, threaten or harass a person. Violation of this provision is a Class I misdemeanor.

LB 630 also provides some protections for minors who consent to sharing explicit photos with each other, as long as they aren’t shared with other people.

“Right now, if two under-aged minors are sending each other inappropriate photos of themselves, they are automatically a class four felon and would have to register (as a sex offender), whether they are sending the photo or even receiving it because that would be possession of child pornography,” said Morfeld.

Morfeld says he wants to see more protections for minors in this situation when the conduct is consensual, and not malicious.

He says it’s important for Nebraska to get a revenge porn law passed.

“It sounds like everybody is in agreement that we need to, number one, outlaw revenge porn and number two, have more reasonable laws for minors,” said Morfeld.

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