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 © 2025 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

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More