It is not a defense to a cause of action brought pursuant to the Exploited Children’s Civil Remedy Act that the defendant:

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Terms Used In Nebraska Statutes 25-21,295

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(1) Did not know the participant or portrayed observer appearing in the visual depiction of sexually explicit conduct;

(2) Did not appear in the visual depiction of sexually explicit conduct containing the participant or portrayed observer; or

(3) Did not commit, assist with the commission of, or personally observe the commission of acts of sexually explicit conduct portrayed in the visual depiction containing the participant or portrayed observer.