Florida Statute 92.561 - Full Text and Legal Analysis

The 2025 Florida Statutes

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, 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

Annotations, Discussions, Cases:

Cases Citing Statute 92.561

Total Results: 4

In Re: Amendments to Florida Rules of Criminal Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Aug 29, 2024 | Docket: 69111114

Published

Statutes (2024), and related amendments to section 92.561, Florida Statutes (2023), both of which went

Kevin Watkins v. State of Florida

159 So. 3d 323

District Court of Appeal of Florida | Filed: Mar 8, 2015 | Docket: 2640010

Published

be provided to a defendant. See § 92.561(2), Fla. Stat. (providing that, notwithstanding

In re Amendments to Florida Rule of Criminal Procedure 3.220

115 So. 3d 207, 38 Fla. L. Weekly Supp. 338, 2013 Fla. LEXIS 1933, 2013 WL 2248265

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232158

Published

(Committee) in order to conform the rule to section 92.561, Florida Statutes (2012),1 which prohibits

In re Amendments to Florida Rule of Criminal Procedure 3.220

105 So. 3d 1275, 37 Fla. L. Weekly Supp. 784, 2012 Fla. LEXIS 2672, 2012 WL 6619341

Supreme Court of Florida | Filed: Dec 20, 2012 | Docket: 60227785

Published

rule 3.220(b) in order to conform the rule to section 92.561, Florida Statutes (2012), which prohibits the