Nebraska Man Challenges Child Porn Law Constitutionality

OMAHA, Neb. — A former high school teacher convicted of manufacturing child pornography after he recorded himself having legal sex with his 17-year-old girlfriend is scheduled to argue his case before the Nebraska Supreme Court on Nov. 2.

Todd Senters, 31, a former Omaha Beef football player and physical education teacher at Northwest High School, admitted to the taping and was sentenced to probation and required to register as a sex offender two years ago.

According to James Martin Davis, Senters’ attorney, the law was misapplied when it came to his client because the legal age of consent in Nebraska is 16.

“This law is intended to protect those children who were not yet old enough to form a rational basis for consensual sex, and to protect the public at large from the distribution of such materials,” stated Davis in briefs filed with the court.

“It was never designed to provide a bases for invading the privacy of the bedroom in order to effectuate the prosecution of two legally consenting young people who decide to photograph their encounter for purely private purposes,” Davis wrote.

Davis also takes issue with certain aspects of Senters’ sentence, including the ruling by trial court judge John Hartigan that Senters was not allowed to have contact with the now-18-year-old girl in the video for the duration of his probation.

Solicitor General J. Kirk Brown believes that the Nebraska legislature did intend to create a two-tiered system in regards to child pornography.

“Senters attempts to confuse his act of copulation with his 17-year-old partner with videotaping that same behavior,” said Brown. “Those two acts are legally distinct.”

“The Legislature […] clearly has not condoned the possession of videotapes of such activity,” Brown said.

Having a “crazy quilt” of laws regarding when a person is or is not a minor is not only confusing, according to Davis, but it also “leads to unfair, unjust and bizarre results.”

Davis likens his client’s situation to a 2003 U.S. Supreme Court case that struck down a Texas law that banned oral and anal sex between two men, but not between a man and a woman.

“The law and logic of that case are equally applicable here,” Davis said. “Here, the state, by invading the defendant’s bedroom, has in fact regulated and punished legal, consensual, private and intimate sexual encounters and the private videotaping of those encounters. While the state permits the underlying sexual act in this case, it criminalizes certain aspects of that sexual experiences."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Examine How 'Derisking' in Banking Affects Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking in the financial services industry, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More