19.2-270.1:1 - Computer and electronic data in obscenity, etc. cases; access to defendant - Virginia Statutes

§ 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; accessto defendant.

When computer data or electronic data, stored in any form, the possession ofwhich is otherwise unlawful, are seized as evidence in a criminal prosecutionof any offense involving obscenity or child pornography, neither the originaldata nor a copy thereof shall be released to the defendant or his counsel,nor shall a court order the release of such evidence to the defendant or hiscounsel except as provided herein. The defendant and his counsel shall beallowed the reasonable opportunity to review such evidence in accordance withthe rules of discovery. Upon a finding that the production of the originaldata or a copy thereof to counsel or his designee is necessary and materialto the defense of the accused, the court may order such production only underterms that restrict access to specifically identified recipients, prohibitany duplication of the data beyond what is reasonably necessary for thepurpose of the production, and require the return of the data to thelaw-enforcement agency maintaining custody or control of the seized data forappropriate disposition.

(2006, c. 601.)