Florida Statute 92.561 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 92.561

Total Results: 4

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

Court: Supreme Court of Florida | Date Filed: 2024-08-29

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

Kevin Watkins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-03-08

Citation: 159 So. 3d 323

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2013-05-23

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

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

In re Amendments to Florida Rule of Criminal Procedure 3.220

Court: Supreme Court of Florida | Date Filed: 2012-12-20

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

Snippet: 220(b) in order to conform the rule to section 92.561, Florida Statutes (2012), which prohibits the reproduction