573.038. Property or material constituting child pornography to remain in custody of the state--availability of, when. - Missouri Statutes

Property or material constituting child pornography to remain incustody of the state--availability of, when.

573.038. 1. In any criminal proceeding, any property or materialthat constitutes child pornography shall remain in the care, custody, andcontrol of either the state or the court.

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

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

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

Effective 6-30-08