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:

Terms Used In Indiana Code 35-36-10-5

  • child pornography: includes :

    Indiana Code 35-36-10-2

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.