                                 CODE OF VIRGINIA

COMPUTER AND ELECTRONIC DATA IN OBSCENITY, ETC. CASES; ACCESS TO DEFENDANT (§
19.2-270.1:1)

When computer data or electronic data, stored in any form, the possession of
which is otherwise unlawful, are seized as evidence in a criminal prosecution of
any offense involving obscenity or child pornography, neither the original data
nor a copy thereof shall be released to the defendant or his counsel, nor shall
a court order the release of such evidence to the defendant or his counsel
except as provided herein. The defendant and his counsel shall be allowed the
reasonable opportunity to review such evidence in accordance with the rules of
discovery. Upon a finding that the production of the original data or a copy
thereof to counsel or his designee is necessary and material to the defense of
the accused, the court may order such production only under terms that restrict
access to specifically identified recipients, prohibit any duplication of the
data beyond what is reasonably necessary for the purpose of the production, and
require the return of the data to the law-enforcement agency maintaining custody
or control of the seized data for appropriate disposition.

HISTORY: 2006, c. 601.