State v. Burke

Following a bench trial, defendant, Joseph L. Burke, was adjudged guilty of having violated Neb. Rev. Stat. § 28-1463.03(1) (Reissue 1985), a part of the Child Pornography Prevention Act as adopted by 1985 Neb. Laws, L.B. 668, and codified as Neb. Rev. Stat. §§ 28-1463.01 through 28-1463.05 (Reissue 1985), inclusive. Burke was *627thereafter sentenced to serve a term of not less than 2 nor more than 5 years at the Nebraska Penal and Correctional Complex. He appeals and assigns as error the district court’s determination that (1) the participants were under the age of 16, (2) the statute is…