Louisiana Code of Criminal Procedure 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
Terms Used In Louisiana Code of Criminal Procedure 718.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. In any criminal proceeding, any property or material that is alleged to constitute evidence of obscenity as defined in La. Rev. Stat. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in La. Rev. Stat. 14:283, pornography involving juveniles as defined in La. Rev. Stat. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in La. Rev. Stat. 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 La. Rev. Stat. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in La. Rev. Stat. 14:283, pornography involving juveniles as defined in La. Rev. Stat. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in La. Rev. Stat. 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.
Acts 2012, No. 404, §1; Acts 2012, No. 558, §1, eff. June 5, 2012; Acts 2016, No. 82, §1; Acts 2020, No. 353, §1.