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Section 718.1 – Evidence of obscenity, video voyeurism, pornography involving juveniles, or unlawful posting of criminal activity for notoriety and publicity; prohibition on reproduction of pornography involving juveniles

May 13, 2021 | Crimianl Procedure, Louisiana

A. In any criminal proceeding, any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, pornography involving juveniles as defined in R.S. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in R.S. 14:107.4, shall remain in the care, custody, and control of the investigating law enforcement agency, the court, or the district attorney.
B. Notwithstanding any other provision of law to the contrary, the court shall deny any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, pornography involving juveniles as defined in R.S. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in R.S. 14:107.4, provided that the district attorney makes the property or material reasonably available to the defendant.
C. For purposes of this Article, the property or material shall be deemed reasonably available to the defendant if the district attorney provides ample opportunity for the inspection, viewing, and examination at the office of the district attorney of the property or material by the defendant, the defendant’s attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.
D. Any material described in Paragraph A of this Article shall be contraband and shall not be disseminated or viewed by anyone other than as provided for in this Article or for the purposes of prosecution of the related criminal offenses. The court may issue any orders it deems appropriate to ensure that the privacy concerns of the victim are addressed.

La. Cr.P. § 718.1

Amended by Acts 2020, No. 353,s. 1, eff. 8/1/2020.
Amended by Acts 2016, No. 82,s. 1, eff. 8/1/2016.
Acts 2012, No. 404, §1; Acts 2012, No. 558, §1, eff. June 5, 2012.