531.305 Treatment in criminal or civil proceeding of property or material
262 words·~1 min read·
/ky/531-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
portraying child pornography or a sexual performance by a minor.
(1)In a criminal or civil proceeding, any property or material that portrays child
pornography or a sexual performance by a minor as defined in this chapter shall
remain secured or locked in the care, custody, and control of a law enforcement
agency, or the prosecutor. Any property or material that portrays child pornography
or a sexual performance by a minor shall not be filed with or stored by the court
unless introduced as an exhibit for trial. Storage of trial court exhibits portraying
child pornography or a sexual performance by a minor shall be in accordance with a
court order.
(2)Notwithstanding any other law or rule of court, a court shall deny, in any
proceeding, any request by the defendant to copy, photograph, duplicate, or
otherwise reproduce any property or material that portrays a sexual performance by
a minor or constitutes child pornography so long as law enforcement, the
prosecutor, or the court, if the matter was introduced as an exhibit at trial, makes the
property or material reasonably available to the defendant.
(3)For the purposes of this section, property or material shall be deemed reasonably
available to the defendant if the prosecutor provides ample opportunity at a
designated facility for the inspection, viewing, and examination of the property or
material that portrays a sexual performance by a child or constitutes child
pornography by the defendant, his or her attorney, or any individual whom the
defendant uses as an expert during either the discovery process or a court
proceeding.