Florida Statutes
Fla. Stat. § 92.561 (2025)
Prohibition on reproduction of child pornography.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2012–2024 · leading case: In re Amendments to Florida Rule of Crim. Procedure 3.220, 105 So. 3d 1275 (Fla. 2012).
In re Amendments to Florida Rule of Crim. Procedure 3.220, 105 So. 3d 1275 (Fla. 2012). “220(b) in order to conform the rule to section 92.561, Florida Statutes (2012), which prohibits the reproduction of child pornography in a criminal case.”
Kevin Watkins v. State of Florida, 159 So. 3d 323 (Fla. 1st DCA 2015). “See § 92.561(2), Fla. Stat. (providing that, 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…”
In re Amendments to Florida Rule of Crim. Procedure 3.220, 115 So. 3d 207 (Fla. 2013). “(creating § 92.561, Fla. Stat.). . We have jurisdiction.”
In Re: Amendments to Florida Rules of Crim. Procedure - 2024 Legislation (Fla. 2024). “072, Florida Statutes (2024), and related amendments to section 92.561, Florida Statutes (2023), both of which went into effect July 1, 2024.”
— 92.561(1) — 1 case
In re Amendments to Florida Rule of Crim. Procedure 3.220, 115 So. 3d 207 (Fla. 2013). “(creating § 92.561, Fla. Stat.). . We have jurisdiction.”
— 92.561(2) — 1 case
Kevin Watkins v. State of Florida, 159 So. 3d 323 (Fla. 1st DCA 2015). “See § 92.561(2), Fla. Stat. (providing that, 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…”
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