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 © 2026 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

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Show More