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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 or any person whom the defendant may seek to qualify to furnish expert testimony at trial.
 
SUMMARY
This bill creates new guidelines for access to sexually explicit material in a criminal investigation or proceeding. This material is now accessible to defendants pursuant to Maine Rules of Criminal Procedure, Rule 16, which permits copying or photographing. This bill authorizes reasonable access for inspection of the sexually explicit material but prohibits any reproduction of the material and requires that it be inspected in a facility under the control of the attorney for the State. The custody, control and care of the material must remain with the attorney for the State or the court. This bill is consistent with the federal requirements of custody and treatment of evidence of child pornography pursuant to the Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248.