25-21,291 Terms, defined.
25-21,291. Terms, defined.For purposesof the Exploited Children's Civil Remedy Act:(1) Access softwareprovider means a provider of software, including client or server software,or enabling tools that do any one or more of the following: (a) Filter, screen,allow, or disallow content; (b) pick, choose, analyze, or digest content;or (c) transmit, receive, display, forward, cache, search, subset, organize,reorganize, or translate content;(2)Aid or assist another with the creation, distribution, or active acquisitionof child pornography means help a principal in some appreciable manner withthe creation, distribution, or active acquisition of a visual depiction ofsexually explicit conduct which has a child as one of its participants orportrayed observers. The term also includes knowingly employing, forcing,authorizing, inducing, or otherwise causing a child to engage in any visualdepiction of sexually explicit conduct which has a child as one of its participantsor portrayed observers. No parent, stepparent, legal guardian, or person withcustody and control of a child, knowing the content thereof, may consent tosuch child engaging in any visual depiction of sexually explicit conduct whichhas a child as one of its participants or portrayed observers;(3) Cable operatormeans any person or group of persons (a) who provides cable service over acable system and directly or through one or more affiliates owns a significantinterest in such cable system or (b) who otherwise controls or is responsiblefor, through any arrangement, the management and operation of such a cablesystem;(4) Child has the same meaning as in section 28-1463.02;(5)Create means to knowingly create, make, manufacture, direct, publish, finance,or in any manner generate;(6) Distribute means the actual, constructive,or attempted transfer from one person, source, or location to another person,source, or location. The term includes, but is not limited to, renting, selling,delivering, displaying, advertising, trading, mailing, procuring, circulating,lending, exhibiting, transmitting, transmuting, transferring, disseminating,presenting, or providing any visual depiction of sexually explicit conductwhich has a child as one of its participants or portrayed observers;(7) Interactive computerservice means any information service system or access software provider thatprovides or enables computer access by multiple users to a computer server,including specifically a service or system that provides access to the Internetand such systems operated or services offered by libraries or educationalinstitutions;(8) Participant means a child who appears in any visual depictionof sexually explicit conduct and is portrayed or actively engaged in actsof sexually explicit conduct appearing therein;(9) Portrayed observermeans a child who appears in any visual depiction where sexually explicitconduct is likewise portrayed or occurring within the child's presence orin the child's proximity;(10) Sexually explicit conduct has the samemeaning as in section 28-1463.02;(11) Telecommunications service means the offeringof telecommunications for a fee directly to the public, or to such classesof users as to be effectively available directly to the public, regardlessof the facilities used; and(12) Visual depiction has the same meaningas in section 28-1463.02. SourceLaws 2010, LB728, § 2.Effective Date: July 15, 2010