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

X3 Expo Unveils 2026 All-Stars, Show Dates Set for Jan. 16-17

X3 Expo returns to the historic Hollywood Palladium on January 16–17, bringing together fans, creators and industry insiders for North America’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Go.cam Launches Free Age Verification Solution, Anti-Fraud Features

Go.cam has announced that its age verification solution is now free with updated anti-fraud and identity protection features.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

SkyPrivate Launches 'Telegram Pay-Per-Minute' Feature

SkyPrivate has launched a new pay-per-minute (PPM) private show option on Telegram.

Pineapple Support to Host 'Money and Mental Health' Online Event

Pineapple Support is hosting a free, online event to help performers balance financial wellbeing with mental health, Aug. 18-19.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

MojoHost Debuts NVIDIA Blackwell-Powered Hosting

MojoHost has announced the launch of NVIDIA Blackwell-powered hosting featuring RTX 6000 Pro MaxQ GPUs.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has put out an alert warning of an individual found to be targeting adult performers for identity theft.

Assylum.com Implements New Age Verification System

Assylum.com has introduced an age verification system across its member sites.

Show More