(A) For purposes of making property or material constituting visual depiction of sexually explicit conduct involving a child "reasonably available" to a defendant as required by Neb. Rev. Stat. § 27-1301(3)(a), any specialized equipment or facilities necessary for inspection, viewing, examination, and analysis of such evidence shall be the responsibility of the introducing attorney or law enforcement. Courts shall not be required to acquire or provide specialized equipment or establish new facilities to effectuate the purpose of § 27-1301(3)(a).
§ 6-1802.Equipment required for accessing child pornography evidence.
Article 18: Handling Neb. Rev. Stat. § 27-1301 Child Pornography Exhibits · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule places the burden of supplying any specialized equipment needed to inspect child pornography evidence on the introducing attorney or law enforcement rather than the court, and requires a defendant seeking further access beyond an initial defense-expert copy to show good cause.
Full Text of § 6-1802
(B) If a copy of property or material constituting visual depiction of sexually explicit conduct involving a child is provided to a defense expert pursuant to § 27-1301(3)(b) by any court or agency, any defendant or his or her attorney seeking further access to such evidence in any other court shall be required to show good cause for requiring such access.
Plain-English Summary
Neb. Rev. Stat. § 27-1301 requires that a defendant be given "reasonably available" access to inspect evidence depicting sexually explicit conduct involving a child, but inspecting that kind of material sometimes calls for specialized viewing equipment or a controlled facility. Section 6-1802 answers who supplies that equipment: the introducing attorney or law enforcement, not the court. Courts are not required to acquire equipment or set up new facilities to satisfy the statute’s reasonable-access requirement.
The rule then addresses what happens after a defense expert has already received a copy under the statute. If a defendant or the defendant’s attorney later wants further access to that evidence in some other court proceeding, the rule requires a showing of good cause before that additional access is granted. That extra step keeps the initial, statutorily authorized copy from becoming a springboard for unrestricted further distribution or access, while still leaving room for legitimate additional need to be addressed case by case.
Frequently Asked Questions
Who has to provide the equipment needed to view child pornography evidence in a case?
The introducing attorney or law enforcement is responsible for any specialized equipment or facilities necessary for inspection, viewing, examination, and analysis.
Is the court required to buy equipment or set up a viewing facility for this kind of evidence?
No. Courts are not required to acquire specialized equipment or establish new facilities to make the evidence reasonably available under Neb. Rev. Stat. § 27-1301(3)(a).
If a defense expert already received a copy of the evidence, can the defendant get another copy for a different court?
Only by showing good cause for requiring that further access in the other court.
What law is this equipment-access rule tied to?
Neb. Rev. Stat. § 27-1301(3)(a) and (3)(b), which set the underlying reasonable-access and copy-to-defense-expert provisions this rule implements.
Does this rule apply only to the original trial court, or to other courts too?
The good-cause requirement specifically addresses a defendant or attorney seeking further access to the evidence in any other court beyond the one where a copy was already provided.
Source & verification. Section text is
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as: equipment for viewing child pornography evidencereasonably available access section 27-1301defense expert copy good causelaw enforcement provide viewing equipmentfurther access sensitive exhibit court