An Act Regarding Access to Sexually Explicit Material
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA c. 107 is enacted to read:
CHAPTER 107
CUSTODY AND EXAMINATION OF SEXUALLY EXPLICIT MATERIAL
§ 1121. Limitations on examination of sexually explicit material
1. Sexually explicit material. For purposes of this section, "sexually explicit material" means the property or material described in Title 17-A, chapter 12.
2. Custody of sexually explicit material. Sexually explicit material subject to a criminal investigation or proceeding must remain in the care, custody and control of the attorney for the State or the court. Notwithstanding provisions of the Maine Rules of Criminal Procedure, Rule 16 to the contrary, in any criminal proceeding the attorney for the State may not release to the defendant a copy, photograph, duplicate or any other reproduction of any sexually explicit material, as long as the attorney for the State makes the sexually explicit material reasonably available to the defendant.
3. Reasonably available. For purposes of this section, sexually explicit material is determined to be reasonably available to the defendant if the attorney for the State provides ample opportunity for inspection, viewing and examination of the sexually explicit material at a location within the control of the attorney for the State by the defendant, the defendant's attorney, the defendant's attorney's agent or any person whom the defendant may seek to qualify to furnish expert testimony at trial.
Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.