Chapter 223, Section 3509, Subsection (m) · 18 U.S.C. Chapter 223

Contents

(m)

(1)In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) shall remain in the care, custody, and control of either the Government or the court.

(2)

(A)Notwithstanding Rule 16 of the Federal Rules of Criminal Procedure, 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 (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant.

(B)For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government 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.

(3)In any criminal proceeding, a victim, as defined under section 2259(c)(4), shall have reasonable access to any property or material that constitutes child pornography, as defined under section 2256(8), depicting the victim, for inspection, viewing, and examination at a Government facility or court, by the victim, his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony, but under no circumstances may such child pornography be copied, photographed, duplicated, or otherwise reproduced. Such property or material may be redacted to protect the privacy of third parties.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 22

Show every defined term

adult attendant
means an adult described in subsection (i) who accompanies a child throughout the judicial process for the purpose of providing emotional support;
business
includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
child
means a person who is under the age of 18, who is or is alleged to be—
child abuse
means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;
confession
means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
consular officers
includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).
exploitation
means child pornography or child prostitution;
Federal offense involving the sexual exploitation or abuse of children
means an offense under section 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years;
foreign authority
means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.
foreign certification
means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country;
foreign record of regularly conducted activity
means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country;
mental injury
means harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition;
multidisciplinary child abuse team
means a professional unit composed of representatives from health, social service, law enforcement, and legal service agencies to coordinate the assistance needed to handle cases of child abuse;
negligent treatment
means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child;
official request
means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
physical injury
includes lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;
sex crime
means an act of sexual abuse that is a criminal act;
sex offender
means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).2
sexual abuse
includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
sexually explicit conduct
means actual or simulated—
unlawful act
means any act the use of any electronic, mechanical, or other device (as defined in section 2510(5) of this title) in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto.
victim
includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.