Art. 718.1. Evidence of obscenity, video voyeurism, child sexual abuse materials, or
unlawful posting of criminal activity for notoriety and publicity; prohibition on
reproduction of child sexual abuse materials
A. In any criminal proceeding, any property or material that is alleged to constitute
evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video
voyeurism as defined in R.S. 14:283, child sexual abuse materials as defined in R.S. 14:81.1,
or unlawful posting of criminal activity for notoriety and publicity as defined in R.S.
14:107.4 shall remain in the care, custody, and control of the investigating law enforcement
agency, the court, or the district attorney.
B. Notwithstanding any other provision of law to the contrary, the court shall deny
any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any
property or material that is alleged to constitute evidence of obscenity as defined in R.S.
14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, child
sexual abuse materials as defined in R.S. 14:81.1, or unlawful posting of criminal activity
for notoriety and publicity as defined in R.S. 14:107.4, provided that the district attorney
makes the property or material reasonably available to the defendant.
C. For purposes of this Article, the property or material shall be deemed reasonably
available to the defendant if the district attorney provides ample opportunity for the
inspection, viewing, and examination at the office of the district attorney of the property or
material by the defendant, the defendant's attorney, and any individual the defendant may
seek to qualify to furnish expert testimony at trial.
D. Any material described in Paragraph A of this Article shall be contraband and
shall not be disseminated or viewed by anyone other than as provided for in this Article or
for the purposes of prosecution of the related criminal offenses. The court may issue any
orders it deems appropriate to ensure that the privacy concerns of the victim are addressed.
Acts 2012, No. 404, §1; Acts 2012, No. 558, §1, eff. June 5, 2012; Acts 2016, No.
82, §1; Acts 2020, No. 353, §1; Acts 2025, No. 261, §5.