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Florida Statute 92.561 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
F.S. 92.561
92.561 Prohibition on reproduction of child pornography.
(1) In a criminal proceeding, any property or material that portrays sexual performance by a child as defined in s. 827.071, constitutes generated child pornography as defined in s. 827.072, or constitutes child pornography as defined in s. 847.001, must remain secured or locked in the care, custody, and control of a law enforcement agency, the state attorney, or the court.
(2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography so long as the state attorney makes the property or material reasonably available to the defendant.
(3) For purposes of this section, property or material is deemed to be reasonably available to the defendant if the state attorney provides ample opportunity at a designated facility for the inspection, viewing, and examination of the property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography by the defendant, his or her attorney, or any individual whom the defendant uses as an expert during the discovery process or at a court proceeding.
History.s. 4, ch. 2011-220; s. 3, ch. 2024-118.

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Amendments to 92.561


Arrestable Offenses / Crimes under Fla. Stat. 92.561
Level: Degree
Misdemeanor/Felony: First/Second/Third

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