77-4-201. Reproduction of child sexual abuse material — Prohibition.
| (1) |
As used in this section:
Terms Used In Utah Code 77-4-201- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
| (a) |
“Child sexual abuse material” means the same as that term is defined in Section 76-5b-103. |
| (b) |
“Law enforcement agency” means the same as that term is defined in Section 53-1-102. |
| (c) |
“Victim” means the same as that term is defined in Section 77-37-2. |
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| (2) |
In a proceeding involving child sexual abuse material, the child sexual abuse material shall remain in the care, custody, and control of:
| (a) |
a law enforcement agency; or |
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| (3) |
| (a) |
In a proceeding involving child sexual abuse material, a court shall deny a request by a defendant to copy, photograph, duplicate, or otherwise reproduce the child sexual abuse material if the court or a law enforcement agency provides the defendant’s attorney or an individual the defendant may seek to qualify as an expert an adequate opportunity to view and examine the child sexual abuse material. |
| (b) |
An individual described in Subsection (3)(a) may view or examine the child sexual abuse material only at the law enforcement agency or court that has custody and control of the child sexual abuse material. |
| (c) |
A defendant who is self represented:
| (i) |
may not inspect the child sexual abuse material; and |
| (ii) |
may request that the court appoint counsel for the purpose of inspecting the child sexual abuse material on behalf of the defendant. |
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| (4) |
| (a) |
In a proceeding involving child sexual abuse material, a victim, the victim’s attorney, or an individual the victim may, upon a showing of good cause, seek to qualify as an expert, may view and examine the child sexual abuse material that depicts the victim upon a showing of good cause. |
| (b) |
An individual described in Subsection (4)(a) may not copy, photograph, duplicate, or otherwise reproduce the child sexual abuse material. |
| (c) |
An individual described in Subsection (4)(a) may view or examine the child sexual abuse material only at the law enforcement agency or court that has custody and control of the child sexual abuse material. |
| (d) |
The court or law enforcement agency may redact the child sexual abuse material described in this Subsection (4) to protect the privacy of a third party. |
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Enacted by Chapter 231, 2023 General Session
