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35-36-10-5. Defendant's examination of child pornography permitted only in court or law enforcement facility

IN Code § 35-36-10-5 (2019) (N/A)
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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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