Indiana § 35-36-10-5 Defendant's examination of child sexual abuse material permitted only
in court or law enforcement facility

Indiana Statutes

§ 35-36-10-5 — Defendant's examination of child sexual abuse material permitted only in court or law enforcement facility

Indiana·Art. 36 PRETRIAL NOTICES, MOTIONS, AND·Ch. 10 Child Pornography and Discovery

(a)A court may permit a defendant to inspect, view, and examine material that constitutes child sex abuse material 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 sex abuse material, the court shall issue a protective order under Indiana Trial Rule 26 with respect to the material. The protective order must:

(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 s

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(a) A court may permit a defendant to inspect,
view, and examine material that constitutes child sex abuse material 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 sex abuse material, the court shall issue
a protective order under Indiana Trial Rule 26 with respect to the
material. The protective order must:
(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.

Indiana § 35-36-10-5 (Defendant's examination of child sexual abuse material permitted only in court or law enforcement facility) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.