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LB 978

Provide for civil actions for conduct relating to obscene material, child sexual abuse material, and child sexual exploitation devices

109th Legislature (2025-2026) Introduced by Tanya Storer

Nebraska bill creates civil lawsuits for obscene material and child exploitation offenses, enabling victims to seek monetary damages beyond criminal prosecution.

Notice of hearing for February 19, 2026
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WeVote Research Nonpartisan
Bill Summary · LB 978

Legislative bill overview

LB 978 would create a civil cause of action allowing individuals to sue for damages related to obscene material, child sexual abuse material (CSAM), and child sexual exploitation devices. The bill expands private litigation rights beyond existing criminal statutes by enabling victims or affected parties to pursue civil remedies through the court system.

Why is this important

This legislation directly affects how Nebraska addresses child exploitation by creating an additional legal avenue for victims to seek compensation and hold bad actors accountable. It potentially increases deterrence through civil liability while generating funding for victims through damages awards, though it also raises questions about implementation, burden of proof standards, and resource allocation within the civil court system.

Potential points of contention

  • Standing and scope ambiguity: Unclear who can bring suit (only direct victims, parents, the state?) and against whom (manufacturers, distributors, platforms, individuals?), which could lead to expansive or limited litigation depending on interpretation
  • Constitutional concerns: First Amendment challenges regarding obscene material definitions, as well as potential due process issues if civil standards differ significantly from criminal thresholds
  • Evidentiary burdens: Civil cases use "preponderance of the evidence" rather than "beyond reasonable doubt," potentially lowering the bar for liability and creating inconsistency with criminal findings

Compiled from official sources — confirm details with the bill’s official record.

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