Text of NE LB 441 (2024)
Change provisions relating to obscenity
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
2,816 characters
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-