§ 16-9-601 — Prohibition on reproduction of sexually exploitative material

(1)
For purposes of this part 6, sexually exploitative material shall have the same
meaning as provided in section 18-6-403 (2)(j), C.R.S.

(2) For the reasons stated in section 18-6-403 (1) and (1.5), C.R.S., regarding
the harm and victimization related to sexually exploitative material, in a criminal
proceeding, all sexually exploitative material shall remain in the care, custody, and
control of either the prosecution, a law enforcement agency, or the court.

(3) (a) Notwithstanding any provision of the Colorado rules of criminal
procedure, a court shall deny a request by the defendant in a criminal proceeding to
copy, photograph, duplicate, or otherwise reproduce sexually exploitative material,
so long as the prosecuting attorney makes the material reasonably available to the
defendant; except that if, after a hearing, the defendant shows that for reasons
specific to the case, the access provided by the prosecuting attorney does not
provide ample opportunity for inspection, viewing, and examination by a defense
expert, the court may order reproduction of the material with an appropriate
protective order.

(b) For purposes of paragraph (a) of this subsection (3), sexually exploitative
material shall be deemed to be reasonably available to the defendant if the
prosecuting attorney provides ample opportunity for inspection, viewing, and
examination, at the prosecutor's office or a law enforcement facility, of the
property or material by the defendant, his or her attorney, and any individual the
defendant may seek to qualify to furnish expert testimony at trial.

Legislative History

Source: L. 2008: Entire part added, p. 1719, � 1, effective June 2.