1. Sexually explicit material. For purposes of this section, “sexually explicit material” means the property or material described in Title 17?A, chapter 12.

[PL 2011, c. 39, §1 (NEW).]

Terms Used In Maine Revised Statutes Title 15 Sec. 1121

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Custody of sexually explicit material. Sexually explicit material subject to a criminal investigation or proceeding must remain in the care, custody and control of the attorney for the State or the court. In any criminal proceeding the attorney for the State may not release to the defendant a copy, photograph, duplicate or any other reproduction of any sexually explicit material, as long as the attorney for the State makes the sexually explicit material reasonably available to the defendant.

[PL 2015, c. 431, §19 (AMD).]

3. Reasonably available. For purposes of this section, sexually explicit material is determined to be reasonably available to the defendant if the attorney for the State provides ample opportunity for inspection, viewing and examination of the sexually explicit material at a location within the control of the attorney for the State by the defendant, the defendant’s attorney, the defendant’s attorney’s agent or any person whom the defendant may seek to qualify to furnish expert testimony at trial.

[PL 2011, c. 39, §1 (NEW).]

SECTION HISTORY

PL 2011, c. 39, §1 (NEW). PL 2015, c. 431, §19 (AMD).