§ 25-21,305.Law enforcement officer; judge; attorney; agents or employees; immunity.
Article 21: Special Proceedings and Actions · Last amended 2026 · Last verified July 22, 2026
In one sentenceEffective July 18, 2026, this section shields judges, attorneys, their agents or employees, and law enforcement officers from civil or criminal liability for viewing or possessing prohibited content under section 25-21,304, so long as they do so in good faith and for a legitimate purpose connected to their role.
Full Text of § 25-21,305
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(1) For purposes of this section: (a) Law enforcement officer has the same meaning as in section 81-1401; and
(b) Prohibited content has the same meaning as in section 25-21,304.
(2) There shall be no civil or criminal liability for the viewing or possession of prohibited content by:
(a) A judge who does so in good faith and for purposes of a proceeding before the court;
(b) An attorney who does so in good faith in the course of representing a client or potential client;
(c) An agent or employee of a judge or attorney who does so in good faith and for a legitimate purpose while acting within the scope of such agency or employment; or
(d) A law enforcement officer who does so in good faith in the course of his or her official duties.
Source
Laws 2026, LB935, § 7. Operative Date: July 18, 2026
Plain-English Summary
Section 25-21,305 answers a practical problem created by section 25-21,304: the people who have to litigate, adjudicate, or investigate a case involving prohibited content necessarily have to view or possess it at some point. This section makes clear that doing so does not expose them to liability.
There is no civil or criminal liability for viewing or possessing prohibited content — using the same meaning given to that term in section 25-21,304 — by a judge who does so in good faith for purposes of a proceeding before the court, an attorney who does so in good faith while representing a client or potential client, an agent or employee of a judge or attorney who does so in good faith for a legitimate purpose within the scope of that agency or employment, or a law enforcement officer, as defined in section 81-1401, who does so in good faith in the course of official duties.
Frequently Asked Questions
Who is protected from liability for viewing or possessing prohibited content?
A judge, an attorney, an agent or employee of a judge or attorney, and a law enforcement officer, each acting in good faith for a purpose connected to their role.
Does a judge need any special justification to view this material?
The judge’s viewing or possession must be in good faith and for purposes of a proceeding before the court.
Is an attorney protected for viewing this content while representing a client?
Yes, as long as the attorney does so in good faith in the course of representing a client or potential client.
Does the immunity extend to staff working for a judge or attorney?
Yes. An agent or employee of a judge or attorney is covered if acting in good faith for a legitimate purpose within the scope of that agency or employment.
What does “law enforcement officer” mean for purposes of this section?
It carries the same meaning given to that term in section 81-1401.
Does this section define “prohibited content” on its own?
No. It uses the same meaning given to that term in section 25-21,304.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:immunity viewing child sexual abuse material nebraskaattorney judge good faith exception prohibited contentlaw enforcement officer immunity csamagents employees immunity prohibited contentgood faith legitimate purpose exception