KRS 531.305: Treatment in criminal or civil proceeding of property or material

portraying child pornography or a sexual performance by a minor.

(1) In a criminal or civil proceeding, any property or material that portrays child

pornography or a sexual perfo rmance by a minor as defined in this chapter shall

remain secured or locked in the care, custody, and control of a law enforcement

agency, or the prosecutor. Any property or material that portrays child pornography

or a sexual performance by a minor shall not be filed with or stored by the court

unless introduced as an exhibit for trial. Storage of trial court exhibits portraying

child pornography or a sexual performance by a minor shall be in accordance with a

court order.

(2) Notwithstanding any other law or rule of court, a court shall deny, in any

proceeding, any request by the defendant to copy, photograph, duplicate, or

otherwise reproduce any property or material that portrays a sexual performance by

a minor or constitutes child pornography so long as law enforcement, the

prosecutor, or the court, if the matter was introduced as an exhibit at trial, makes the

property or material reasonably available to the defendant.

(3) For the purposes of this section, property or material shall be deemed reasonably

available to the defendant if the prosecutor provides ample opportunity at a

designated facility for the inspection, viewing, and examination of the property or

material that portrays a sexual performance by a child or constitutes child

pornography by the defendant, his or her attorney, or any individual whom the

defendant uses as an expert during either the discovery process or a court

proceeding.