Ind. Code § 35-36-10-5
Defendant's examination of child sexual abuse material permitted only in court or law enforcement facility
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
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.
Sec. 5. (a) A court may permit a defendant to inspect, view, and examine material that constitutes child sex abuse material 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:
(b) If a court permits a defendant to inspect, view, and examine material that constitutes child sex abuse material, 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;
(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;
(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
(3) prohibit the further dissemination of the material; and
(4) prohibit the defendant from having direct access to the material.
(4) prohibit the defendant from having direct access to the material.
The protective order may include any other provision to safeguard the material.
The protective order may include any other provision to safeguard the material.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.