Ohio Code 2945.63 – Child pornography offered as evidence; custody
(A) As used in this section:
Terms Used In Ohio Code 2945.63
- Child: includes child by adoption. See Ohio Code 1.59
- 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.
- Rule: includes regulation. See Ohio Code 1.59
- 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.
(1) “Child pornography” means any obscene material involving a juvenile, any sexually oriented matter involving a juvenile, or any material that is harmful to juveniles.
(2) “Juvenile,” “harmful to juveniles,” “material,” and “performance” have the same meanings as in section 2907.01 of the Revised Code.
(3) “Sexually oriented matter” has the same meaning as in section 2919.22 of the Revised Code.
(B) Any child pornography that is offered as evidence or that comes into the custody or control of the prosecutor or the court shall remain in the custody or control of the prosecutor or the court.
(C) Notwithstanding Rule 16 of the Rules of Criminal Procedure, the court in a criminal proceeding shall deny any request by the defendant to photocopy, photograph, or otherwise reproduce any child pornography if the prosecutor gives the defendant, the defendant’s attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial ample opportunity to examine the child pornography at the place where the prosecutor or the court is holding the child pornography.