Fla. Stat. § 92.561
This is the official text of Fla. Stat. § 92.561, part of Florida’s Stat — part of the compiled statutory law of Florida, published by the state as "Stat." Browse the sections below, each linked to its official government source.
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92.561 Prohibition on reproduction of child pornography.
Official statutory text
(1) In a criminal proceeding, any property or material that portrays sexual performance by a child as defined in s. 827.071, constitutes generated child pornography as defined in s. 827.072, or constitutes child pornography as defined in s. 847.001, must remain secured or locked in the care, custody, and control of a law enforcement agency, the state attorney, or the court.
(2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography so long as the state attorney makes the property or material reasonably available to the defendant.
(3) For purposes of this section, property or material is deemed to be reasonably available to the defendant if the state attorney provides ample opportunity at a designated facility for the inspection, viewing, and examination of the property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography by the defendant, his or her attorney, or any individual whom the defendant uses as an expert during the discovery process or at a court proceeding.
History: s. 4, ch. 2011-220; s. 3, ch. 2024-118.
(2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography so long as the state attorney makes the property or material reasonably available to the defendant.
(3) For purposes of this section, property or material is deemed to be reasonably available to the defendant if the state attorney provides ample opportunity at a designated facility for the inspection, viewing, and examination of the property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography by the defendant, his or her attorney, or any individual whom the defendant uses as an expert during the discovery process or at a court proceeding.
History: s. 4, ch. 2011-220; s. 3, ch. 2024-118.
Status: in_force · Read it on the official government site
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