Section 573.038

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 573

Effective - 30 Jun 2008, see footnote   

  573.038.  Property or material constituting child pornography to remain in custody of the state — availability of, when. — 1.  In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the state or the court.

  2.  (1)  Notwithstanding Missouri rule of criminal procedure 25.03 or any other rule or statute to the contrary, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, so long as the state makes the property or material reasonably available to the defendant.

  (2)  For the purposes of subdivision (1) of this subsection, property or material shall be deemed to be reasonably available to the defendant if the state provides ample opportunity for inspection, viewing, and examination at a state or other governmental facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.

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(L. 2008 S.B. 714, et al.)

Effective 6-30-08