In certain criminal cases involving an adult victim’s explicit material, judges would set sharing rules when a lawyer asks with notice or the judge gives both sides notice and a meaningful chance to respond.
In certain criminal cases involving an adult victim’s explicit material, judges would set sharing rules if a lawyer asks with notice or the judge gives both sides notice and a meaningful chance to respond. The rules must protect privacy and a fair defense.
In certain criminal cases involving an adult victim’s explicit material, neither side could share copies after an order unless it allows sharing. Lawyers could share copies with people needed to prepare the case, including the defendant.
In certain criminal cases involving an adult victim’s explicit material, either side would have to tell the judge if it gets more such material so an existing or new order can cover it.
Judges would issue orders controlling how both sides share the material. The case must involve an adult victim’s explicit material and either a listed crime that requires sex offender registration or an offense under Penal Code Section 647(j). A prosecutor or defense lawyer may ask for an order with notice. A judge may also act without a request after giving both sides notice and a meaningful chance to be heard. The order must protect the adult victim’s privacy, prevent unnecessary copying and sharing, and allow a fair trial and meaningful defense.
After an order is issued, both sides would have to follow its limits on sharing copies. The limits cover copies of sexually explicit material depicting an adult victim in a covered criminal case. Lawyers may share copies with people needed to prepare the case, including the defendant. If a defendant represents themselves, the judge must consider requiring them to view the material in a secure place. The sharing limits apply once the judge issues the order. In these cases, a defendant representing themselves could not keep a copy after the case ends.
Either side would have to tell the judge about additional material. This applies when either side in a covered criminal case receives more sexually explicit material of the same adult victim. The court can add the material to an existing order or cover it under a new or separate order. The duty to tell the judge arises when either side receives the additional material.
No hearings or votes scheduled.