Revenge Porn Laws in Nebraska (2026): Your Rights and What to Do
Nebraska makes it a crime to knowingly share an intimate image without consent and gives victims a separate civil action for damages. AI-generated image coverage remains unclear, so preserving evidence and using platform and federal removal tools matters alongside any police report.
Nebraska at a Glance
- Statute
- Unlawful Dissemination of an Intimate Image — Neb. Rev. Stat. § 28-311.08
- Criminal classification
- Class I misdemeanor; Class IIIA felony for repeat or aggravated offenses
- Maximum penalty
- Up to one year in jail and a $1,000 fine for the misdemeanor; up to three years in prison for the enhanced felony
- Can you sue?
- Yes — Neb. Rev. Stat. §§ 25-3501 to 25-3508 (civil action for unlawful dissemination of an intimate image)
- Time limit to sue
- Generally four years from discovery under §§ 25-3501 to 25-3508
- Deepfakes / AI images
- Unclear
Is Revenge Porn Illegal in Nebraska?
Yes. Neb. Rev. Stat. § 28-311.08 makes it unlawful to knowingly disseminate an intimate image of an identifiable person without their consent, where the person had a reasonable expectation of privacy and the image was obtained or created under circumstances in which privacy was expected.
An intimate image generally means depictions of uncovered genitals, pubic area, buttocks, or female breast, or a person engaged in sexual conduct. Dissemination covers posting, distributing, or otherwise sharing the image with others, including through social media, text, or email.
Certain exceptions apply, such as for law enforcement activity, legal proceedings, or disclosures made in the public interest, but sharing an ex-partner's private images to cause distress or embarrassment falls squarely within the statute.
Penalties for Sharing Intimate Images in Nebraska
A first offense is generally a Class I misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Where the person has a prior conviction under the same statute, or where the offense involves additional aggravating factors, it can be charged as a Class IIIA felony, carrying up to three years' imprisonment.
Related charges commonly accompany this offense, including stalking, harassment, and extortion where someone threatens to share images unless paid or given further images. Nebraska's threats and intimidation statutes may also apply.
If the images depict a minor, Nebraska's child pornography statutes apply instead, carrying far more severe felony penalties regardless of any relationship between the parties.
Can I Sue Someone in Nebraska?
Yes. Nebraska provides a dedicated civil action for unlawful dissemination of an intimate image under Neb. Rev. Stat. §§ 25-3501 to 25-3508, allowing the depicted person to sue for damages, including for emotional distress, and to seek injunctive relief requiring removal of the images.
This civil claim is independent of any criminal prosecution, so you can pursue it even if charges are not filed or a case does not result in conviction. Where images were shared in breach of a written agreement, that agreement can serve as evidence that there was no consent to share.
The civil statute generally allows claims to be brought within a set period from discovery of the dissemination; a Nebraska attorney can confirm the exact deadline that applies to your facts.
Does Nebraska Cover Deepfakes and AI Images?
It is unclear. Nebraska's statutory definition of intimate image is not confirmed to extend to images generated or altered using artificial intelligence that only appear to depict a real person, so coverage for deepfakes remains untested under current law.
Regardless, the federal TAKE IT DOWN Act requires covered platforms to remove qualifying nonconsensual intimate images, including AI-generated forgeries, within 48 hours of a valid report, giving victims a removal route even where state coverage is uncertain.
What to Do Right Now If Your Images Were Shared in Nebraska
- 1
Preserve the Evidence Before Reporting It
Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.
- 2
Use the Platform's Intimate-Image Report
Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.
- 3
Use StopNCII.org to Limit Re-Uploads
For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.
- 4
Report It in Nebraska
Contact your local police department or sheriff's office and refer to Neb. Rev. Stat. § 28-311.08. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.
- 5
Get Advice About the Civil Claim
Ask a Nebraska attorney about a civil claim under Neb. Rev. Stat. §§ 25-3501 to 25-3508 and about breach of any written agreement as evidence there was no consent to share. This civil claim generally must be brought within a set period from discovery of the dissemination.
Be Safer With a Written NDA as Evidence
Most of Nebraska's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementNebraska: Frequently Asked Questions
Is revenge porn a felony in Nebraska?
Does Nebraska law cover AI deepfake nudes?
Can I sue someone in Nebraska for sharing intimate images?
Do I have to prove they wanted to hurt me?
What if the image was recorded without me knowing?
Sources
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This page provides general information about Nebraska law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Nebraska. Last reviewed August 2026.