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E-mailing Porn to be a Crime in Nebraska

LINCOLN — E-mailing someone a pornographic picture would be a misdemeanor, and sending it to a child would be a felony under legislation proposed Monday.

“The Internet is a cesspool,” said Sen. Mike Friend of Omaha, [pictured] who introduced the bill (LB142) at the attorney general’s request.

Current law prohibits using a telephone to intimidate, threaten, harass, annoy or offend a person. The new bill would add computers and other electronic devices, and would make illegal sending a “visual depiction of sexually explicit conduct.”

“It is an area of criminal code that is antiquated,” Friend said. “Laws aren’t static, and they should change with the technology.”

The bill would allow prosecution for harassment of adults and children alike, although the consequences increase exponentially if kids are involved.

Telephone, computer and other electronic intimidation would be a misdemeanor, which could land a perpetrator up to one year in jail and a $1,000 fine.

But if the violator was over 18 and knew or had reason to believe the recipient was younger than 16, he could spend five years in prison on felony charges and pay a $10,000 fine.

“The thing that interests me — just like any father — is we’re looking to add a layer of protection” for children and other vulnerable people, Friend said.

The bill is one of four being pushed this session by Attorney General Jon Bruning. Another (LB143) would protect victims of sex offenses by preventing the use of polygraph testing as a condition for continuing with a criminal investigation.

“The tools criminals use to victimize Nebraskans, especially children, have gone high-tech,” Bruning said. “We must update our laws to protect our families.”

People who send spam, or unsolicited junk e-mails, could also be prosecuted, Friend said, although it would be difficult to find the senders and pin the crime on them.

“You have to give a tool to prosecutors, and then you have to let a prosecutor do his or her job,” he said.

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