Ind. Code § 35-36-10-5

Current through P.L. 171-2024
Section 35-36-10-5 - Defendant's examination of child pornography permitted only in court or law enforcement facility
(a) A court may permit a defendant to inspect, view, and examine material that constitutes child pornography at a state or local court or law enforcement facility if the defendant demonstrates that inspecting, viewing, and examining the material is necessary to the defendant's defense.
(b) If a court permits a defendant to inspect, view, and examine material that constitutes child pornography, the court shall issue a protective order under Indiana Trial Rule 26 with respect to the material. The protective order must:
(1) specifically describe which persons may have access to the material, and prohibit any person not described in the order from having access to the material;
(2) permit only those persons whose access to the material is necessary for the purposes described in subsection (a) to have access to the material;
(3) prohibit the further dissemination of the material; and
(4) prohibit the defendant from having direct access to the material.

The protective order may include any other provision to safeguard the material.

IC 35-36-10-5

Added by P.L. 148-2011, SEC. 1, eff. 7/1/2011.