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SB 0481 - Offenses; sexual exploitation of children; provide for controlled access to such evidence in public inspections of evidence

Tracking Level: Monitor
Sponsor: Jones,Emanuel 10th
Last Action: 3/6/2008 - Senate Read Second Time
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

This bill relates to offenses related to minors generally and inspection of public records, respectively, so as to restrict access to evidence of violation of Code Sections 16-12-100, 16-12-100.1, and 16-12-100.2 involving sexual exploitation of children, electronically furnishing obscene material to minors, and computer or electronic pornography. It provides for controlled access to such evidence in public inspections of evidence. It shall be unlawful for persons under certain circumstances to knowingly possess any visual medium which depicts a minor or any portion of a minor’s body engaging in sexually explicit conduct to any other person. It shall be an affirmative defense to a charge of violating this Code section if the defendant possesses such visual medium depiction for the purpose of prosecuting, defending, or representing a party in a civil action when such visual medium depiction is necessary for the purpose of such case; provided, however, that the affirmative defense shall not apply to providing to third parties or nonparties, other than to the court, jury, court personnel, or expert witnesses, access or possession of such visual medium depiction. Any person who violates this Code section shall be guilty of a felony, punishable by imprisonment for not less than one nor more than 20 years. If the judge approves inspection of such property or material, the judge shall designate, in writing, the location where such property or material may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who photographs, copies, reproduces, or distributes property or material the inspection of which a judge has authorized in accordance with this subsection shall be guilty of a violation of Code Section 16-12-100. A substitute to this bill was introduced which provides for a criminal penalty for releasing restricted material.


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