2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 36. PRETRIAL NOTICES, MOTIONS, AND PROCEDURES CHAPTER 10. CHILD PORNOGRAPHY AND DISCOVERY
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IC 35-36-10
Chapter 10. Child Pornography and Discovery
IC 35-36-10-1
Application
Sec. 1. This chapter applies only in a criminal proceeding.
As added by P.L.148-2011, SEC.1.
IC 35-36-10-2
"Child pornography"
Sec. 2. As used in this chapter, "child pornography" includes:
(1) material described in IC 35-42-4-4(c); and
(2) material defined in 18 U.S.C. 2256(8).
As added by P.L.148-2011, SEC.1. Amended by P.L.6-2012,
SEC.223.
IC 35-36-10-3
Child pornography must remain in custody of the state or the court
Sec. 3. In any criminal proceeding, material constituting child
pornography must remain in the custody of the state or the court.
As added by P.L.148-2011, SEC.1.
IC 35-36-10-4
Reproducing child pornography not permitted
Sec. 4. A court shall deny any request by the defendant in a
criminal proceeding to copy, photograph, duplicate, or otherwise
reproduce any material that constitutes child pornography if the state
provides ample opportunity for inspection, viewing, and examination
of the material by:
(1) the defendant;
(2) the defendant's attorney; and
(3) any individual the defendant seeks to qualify as an expert;
at a state or local court or law enforcement facility as provided in
section 5 of this chapter.
As added by P.L.148-2011, SEC.1.
IC 35-36-10-5
Defendant's examination of child pornography permitted only in
court or law enforcement facility
Sec. 5. (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.
As added by P.L.148-2011, SEC.1.
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