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