The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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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, 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 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 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.

F.S. 92.561 on Google Scholar

F.S. 92.561 on Casetext

Amendments to 92.561

Arrestable Offenses / Crimes under Fla. Stat. 92.561

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.561.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WATKINS, v. STATE, 159 So. 3d 323 (Fla. Dist. Ct. App. 2015)

. . . See § 92.561(2), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 115 So. 3d 207 (Fla. 2013)

. . . proposed by the Criminal Procedure Rules Committee (Committee) in order to conform the rule to section 92.561 . . . possession or control, which could include property or material that cannot be reproduced under section 92.561 . . . After considering the one comment filed, and reviewing the requirements of section 92.561, we further . . . See § 92.561(1), (2), Fla. Stat. (2012). . . . (creating § 92.561, Fla. Stat.). . We have jurisdiction. See art. V, § 2(a), Fla. Const. . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 105 So. 3d 1275 (Fla. 2012)

. . . The Committee proposes an amendment to rule 3.220(b) in order to conform the rule to section 92.561, . . . Section 92.561 was created by chapter 2011-220, section 4, Laws of Florida, which became effective July . . . possession or control, which could include property or material that cannot be reproduced under section 92.561 . . .