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STATE v. KASS

No. S-10-315.

799 N.W.2d 680 (2011)

281 Neb. 892

STATE of Nebraska, appellee, v. David M. KASS, appellant.

Supreme Court of Nebraska.

July 15, 2011.

Attorney(s) appearing for the Case

Alan G. Stoler , P.C., L.L.O., Omaha, for appellant.

Jon Bruning , Attorney General, and Nathan A. Liss for appellee.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and INBODY, Chief Judge.

CONNOLLY, J.

A jury found David M. Kass guilty of one count of enticement by an electronic communication device under Neb.Rev.Stat. § 28-833 (Reissue 2008). The district court sentenced Kass to 1 year in prison and ordered him to register as a sex offender. He argues that § 28-833 violates the First Amendment because it is facially overbroad, that the court erred in its jury instructions, and that his sentence is excessive. We affirm.

I. BACKGROUND...

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