Text of NE LB 441 (2024)

Change provisions relating to obscenity

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LEGISLATURE OF NEBRASKA ONE HUNDRED EIGHTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 441 Introduced by Albrecht, 17. Read first time January 13, 2023 Committee: A BILL FOR AN ACT relating to crimes and offenses; to amend section 1 28-815, Reissue Revised Statutes of Nebraska; to change provisions 2 relating to defenses for offenses involving obscene materials; to 3 harmonize provisions; and to repeal the original section. 4 Be it enacted by the people of the State of Nebraska, 5 LB441 2023 LB441 2023 -1- Section 1. Section 28-815, Reissue Revised Statutes of Nebraska, is 1 amended to read: 2 28-815 It shall be a defense to a prosecution under section 28-813 3 that: 4 (1) Such person's activity consists of teaching in regularly 5 established and recognized postsecondary educational institutions or , 6 galleries or libraries of such institutions, or the publication or use of 7 standard textbooks, films, tapes or visual aids of any such institution, 8 or the practice of licensed practitioners of medicine or of pharmacy in 9 their regular business or profession, or the possession by established 10 postsecondary schools teaching art, or by public art galleries, or 11 artists or models in the necessary line of their art, or to relevant 12 references to, or accounts or portrayal of, nudity, sex, or excretion in 13 religion, art, literature, history, science, medicine, public health, 14 law, the judicial process, law enforcement, postsecondary education, 15 public libraries, or news reports and news pictures by any form of news 16 media of general circulation; 17 (2) Such person has no financial interest in an activity, product, 18 or event entitling such person to participate in the promotion, 19 management, proceeds, or profits of the activity, product, or event, and 20 such person's only connection with the activity, product, or event 21 entitles such person to a reasonable salary or wages for services 22 actually rendered; and 23 (3) The provisions of sections 28-807 to 28-829 with respect to the 24 exhibition or the possession with the intent to exhibit of any obscene 25 film shall not apply to a motion picture projectionist, usher, or ticket 26 taker acting within the scope of such person's his employment if such 27 projectionist, usher, or ticket taker has no financial interest in the 28 place wherein such person he is so employed. Such person shall be 29 required to give testimony regarding such employment in all judicial 30 proceedings brought under sections 28-807 to 28-829 when granted immunity 31 LB441 2023 LB441 2023 -2- by the trial judge. 1 Sec. 2. Original section 28-815, Reissue Revised Statutes of 2 Nebraska, is repealed. 3 LB441 2023 LB441 2023 -3-