Title 18 — Crimes and Criminal Procedure — § 3509. Child victims' and child witnesses' rights
Summary
Pages 779 through 783 of Title 18, Crimes and Criminal Procedure, carrying the text of § 3509, Child victims’ and child witnesses’ rights, with the end of § 3508 on the custody and return of foreign witnesses and the start of § 3510 on rights of victims to attend. Section 3509 defines terms for its purposes, including a child as a person under the age of 18 who is a victim of or witness to a crime. It sets out alternatives to live in-court testimony, including testimony by 2-way closed circuit television and videotaped deposition, and provisions on competency examinations, privacy protection, closing the courtroom, victim impact statements, multidisciplinary child abuse teams, guardians ad litem, adult attendants, speedy trial, stays of civil actions and testimonial aids. It also bars copying of child pornography in criminal proceedings, with amendment history from Pub. L. 101–647.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Page 779 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3509
§ 3508. Custody and return of foreign witnesses law enforcement, and legal service agencies to
coordinate the assistance needed to handle
(a) When the testimony of a person who is
cases of child abuse;
serving a sentence, is in pretrial detention, or is (8) the term ‘‘sexual abuse’’ includes the em-
otherwise being held in custody, in a foreign ployment, use, persuasion, inducement, en-
country, is needed in a State or Federal crimi- ticement, or coercion of a child to engage in,
nal proceeding, the Attorney General shall, or assist another person to engage in, sexually
when he deems it appropriate in the exercise of explicit conduct or the rape, molestation,
his discretion, have the authority to request the prostitution, or other form of sexual exploi-
temporary transfer of that person to the United tation of children, or incest with children;
States for the purposes of giving such testi- (9) the term ‘‘sexually explicit conduct’’
mony, to transport such person to the United means actual or simulated—
States in custody, to maintain the custody of (A) sexual intercourse, including sexual
such person while he is in the United States, and contact in the manner of genital-genital,
to return such person to the foreign country. oral-genital, anal-genital, or oral-anal con-
(b) Where the transfer to the United States of tact, whether between persons of the same
a person in custody for the purposes of giving or of opposite sex; sexual contact means the
testimony is provided for by treaty or conven- intentional touching, either directly or
tion, by this section, or both, that person shall through clothing, of the genitalia, anus,
be returned to the foreign country from which groin, breast, inner thigh, or buttocks of any
he is transferred. In no event shall the return of person with an intent to abuse, humiliate,
such person require any request for extradition harass, degrade, or arouse or gratify sexual
or extradition proceedings, or proceedings under desire of any person;
the immigration laws. (B) bestiality;
(c) Where there is a treaty or convention be- (C) masturbation;
tween the United States and the foreign country (D) lascivious exhibition of the genitals or
in which the witness is being held in custody pubic area of a person or animal; or
which provides for the transfer, custody and re- (E) sadistic or masochistic abuse;
turn of such witnesses, the terms and conditions (10) the term ‘‘sex crime’’ means an act of
of that treaty shall apply. Where there is no sexual abuse that is a criminal act;
such treaty or convention, the Attorney General (11) the term ‘‘negligent treatment’’ means
may exercise the authority described in para- the failure to provide, for reasons other than
graph (a) if both the foreign country and the poverty, adequate food, clothing, shelter, or
witness give their consent. medical care so as to seriously endanger the
(Added Pub. L. 100–690, title VI, § 6484(a), Nov. 18, physical health of the child; and
1988, 102 Stat. 4384.) (12) the term ‘‘child abuse’’ does not include
discipline administered by a parent or legal
§ 3509. Child victims’ and child witnesses’ rights guardian to his or her child provided it is rea-
sonable in manner and moderate in degree and
(a) DEFINITIONS.—For purposes of this sec-
otherwise does not constitute cruelty.
tion—
(1) the term ‘‘adult attendant’’ means an (b) ALTERNATIVES TO LIVE IN-COURT TESTI-
adult described in subsection (i) who accom- MONY.—
panies a child throughout the judicial process (1) CHILD’S LIVE TESTIMONY BY 2-WAY CLOSED
for the purpose of providing emotional sup- CIRCUIT TELEVISION.—
port; (A) In a proceeding involving an alleged of-
(2) the term ‘‘child’’ means a person who is fense against a child, the attorney for the
under the age of 18, who is or is alleged to be— Government, the child’s attorney, or a
(A) a victim of a crime of physical abuse, guardian ad litem appointed under sub-
sexual abuse, or exploitation; or section (h) may apply for an order that the
(B) a witness to a crime committed child’s testimony be taken in a room outside
against another person; the courtroom and be televised by 2-way
closed circuit television. The person seeking
(3) the term ‘‘child abuse’’ means the phys- such an order shall apply for such an order
ical or mental injury, sexual abuse or exploi- at least 7 days before the trial date, unless
tation, or negligent treatment of a child; the court finds on the record that the need
(4) the term ‘‘physical injury’’ includes lac- for such an order was not reasonably foresee-
erations, fractured bones, burns, internal inju- able.
ries, severe bruising or serious bodily harm; (B) The court may order that the testi-
(5) the term ‘‘mental injury’’ means harm to mony of the child be taken by closed-circuit
a child’s psychological or intellectual func- television as provided in subparagraph (A) if
tioning which may be exhibited by severe anx- the court finds that the child is unable to
iety, depression, withdrawal or outward ag- testify in open court in the presence of the
gressive behavior, or a combination of those defendant, for any of the following reasons:
behaviors, which may be demonstrated by a (i) The child is unable to testify because
change in behavior, emotional response, or of fear.
cognition; (ii) There is a substantial likelihood, es-
(6) the term ‘‘exploitation’’ means child por- tablished by expert testimony, that the
nography or child prostitution; child would suffer emotional trauma from
(7) the term ‘‘multidisciplinary child abuse testifying.
team’’ means a professional unit composed of (iii) The child suffers a mental or other
representatives from health, social service, infirmity.
§ 3509 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 780
(iv) Conduct by defendant or defense (IV) Conduct by defendant or defense coun-
counsel causes the child to be unable to sel causes the child to be unable to continue
continue testifying. testifying.
(C) The court shall support a ruling on the (ii) If the court finds that the child is likely
child’s inability to testify with findings on to be unable to testify in open court for any of
the record. In determining whether the im- the reasons stated in clause (i), the court shall
pact on an individual child of one or more of order that the child’s deposition be taken and
the factors described in subparagraph (B) is preserved by videotape.
so substantial as to justify an order under (iii) The trial judge shall preside at the vid-
subparagraph (A), the court may question eotape deposition of a child and shall rule on
the minor in chambers, or at some other all questions as if at trial. The only other per-
comfortable place other than the courtroom, sons who may be permitted to be present at
on the record for a reasonable period of time the proceeding are—
with the child attendant, the prosecutor, the (I) the attorney for the Government;
child’s attorney, the guardian ad litem, and (II) the attorney for the defendant;
the defense counsel present. (III) the child’s attorney or guardian ad
(D) If the court orders the taking of testi- litem appointed under subsection (h);
mony by television, the attorney for the (IV) persons necessary to operate the vid-
Government and the attorney for the defend- eotape equipment;
ant not including an attorney pro se for a (V) subject to clause (iv), the defendant;
party shall be present in a room outside the and
courtroom with the child and the child shall (VI) other persons whose presence is deter-
be subjected to direct and cross-examina- mined by the court to be necessary to the
tion. The only other persons who may be welfare and well-being of the child.
permitted in the room with the child during
the child’s testimony are— The defendant shall be afforded the rights ap-
(i) the child’s attorney or guardian ad plicable to defendants during trial, including
litem appointed under subsection (h); the right to an attorney, the right to be con-
(ii) persons necessary to operate the fronted with the witness against the defend-
closed-circuit television equipment; ant, and the right to cross-examine the child.
(iii) a judicial officer, appointed by the (iv) If the preliminary finding of inability
court; and under clause (i) is based on evidence that the
(iv) other persons whose presence is de- child is unable to testify in the physical pres-
termined by the court to be necessary to ence of the defendant, the court may order
the welfare and well-being of the child, in- that the defendant, including a defendant rep-
cluding an adult attendant. resented pro se, be excluded from the room in
The child’s testimony shall be transmitted by which the deposition is conducted. If the court
closed circuit television into the courtroom orders that the defendant be excluded from the
for viewing and hearing by the defendant, deposition room, the court shall order that 2-
jury, judge, and public. The defendant shall be way closed circuit television equipment relay
provided with the means of private, contem- the defendant’s image into the room in which
poraneous communication with the defend- the child is testifying, and the child’s testi-
ant’s attorney during the testimony. The mony into the room in which the defendant is
closed circuit television transmission shall viewing the proceeding, and that the defend-
relay into the room in which the child is testi- ant be provided with a means of private, con-
fying the defendant’s image, and the voice of temporaneous communication with the de-
the judge. fendant’s attorney during the deposition.
(2) VIDEOTAPED DEPOSITION OF CHILD.—(A) In (v) HANDLING OF VIDEOTAPE.—The complete
a proceeding involving an alleged offense record of the examination of the child, includ-
against a child, the attorney for the Govern- ing the image and voices of all persons who in
ment, the child’s attorney, the child’s parent any way participate in the examination, shall
or legal guardian, or the guardian ad litem ap- be made and preserved on video tape in addi-
pointed under subsection (h) may apply for an tion to being stenographically recorded. The
order that a deposition be taken of the child’s videotape shall be transmitted to the clerk of
testimony and that the deposition be recorded the court in which the action is pending and
and preserved on videotape. shall be made available for viewing to the
(B)(i) Upon timely receipt of an application prosecuting attorney, the defendant, and the
described in subparagraph (A), the court shall defendant’s attorney during ordinary business
make a preliminary finding regarding whether hours.
at the time of trial the child is likely to be un- (C) If at the time of trial the court finds that
able to testify in open court in the physical the child is unable to testify as for a reason
presence of the defendant, jury, judge, and described in subparagraph (B)(i), the court
public for any of the following reasons: may admit into evidence the child’s
(I) The child will be unable to testify be- videotaped deposition in lieu of the child’s tes-
cause of fear. tifying at the trial. The court shall support a
(II) There is a substantial likelihood, es- ruling under this subparagraph with findings
tablished by expert testimony, that the child on the record.
would suffer emotional trauma from testi- (D) Upon timely receipt of notice that new
fying in open court. evidence has been discovered after the original
(III) The child suffers a mental or other in- videotaping and before or during trial, the
firmity. court, for good cause shown, may order an ad-
Page 781 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3509
ditional videotaped deposition. The testimony aminations to assess the competency of a
of the child shall be restricted to the matters child witness shall not be ordered without a
specified by the court as the basis for granting showing of compelling need.
the order. (d) PRIVACY PROTECTION.—
(E) In connection with the taking of a (1) CONFIDENTIALITY OF INFORMATION.—(A) A
videotaped deposition under this paragraph, person acting in a capacity described in sub-
the court may enter a protective order for the paragraph (B) in connection with a criminal
purpose of protecting the privacy of the child. proceeding shall—
(F) The videotape of a deposition taken (i) keep all documents that disclose the
under this paragraph shall be destroyed 5 name or any other information concerning a
years after the date on which the trial court child in a secure place to which no person
entered its judgment, but not before a final who does not have reason to know their con-
judgment is entered on appeal including Su- tents has access; and
preme Court review. The videotape shall be- (ii) disclose documents described in clause
come part of the court record and be kept by (i) or the information in them that concerns
the court until it is destroyed. a child only to persons who, by reason of
(c) COMPETENCY EXAMINATIONS.— their participation in the proceeding, have
(1) EFFECT OF FEDERAL RULES OF EVIDENCE.— reason to know such information.
Nothing in this subsection shall be construed (B) Subparagraph (A) applies to—
to abrogate rule 601 of the Federal Rules of (i) all employees of the Government con-
Evidence. nected with the case, including employees of
(2) PRESUMPTION.—A child is presumed to be the Department of Justice, any law enforce-
competent. ment agency involved in the case, and any
(3) REQUIREMENT OF WRITTEN MOTION.—A person hired by the Government to provide
competency examination regarding a child assistance in the proceeding;
witness may be conducted by the court only (ii) employees of the court;
upon written motion and offer of proof of in- (iii) the defendant and employees of the
competency by a party. defendant, including the attorney for the de-
(4) REQUIREMENT OF COMPELLING REASONS.—A fendant and persons hired by the defendant
competency examination regarding a child or the attorney for the defendant to provide
may be conducted only if the court deter- assistance in the proceeding; and
mines, on the record, that compelling reasons (iv) members of the jury.
exist. A child’s age alone is not a compelling
reason. (2) FILING UNDER SEAL.—All papers to be filed
(5) PERSONS PERMITTED TO BE PRESENT.—The in court that disclose the name of or any other
only persons who may be permitted to be information concerning a child shall be filed
present at a competency examination are— under seal without necessity of obtaining a
(A) the judge; court order. The person who makes the filing
(B) the attorney for the Government; shall submit to the clerk of the court—
(C) the attorney for the defendant; (A) the complete paper to be kept under
(D) a court reporter; and seal; and
(E) persons whose presence, in the opinion (B) the paper with the portions of it that
of the court, is necessary to the welfare and disclose the name of or other information
well-being of the child, including the child’s concerning a child redacted, to be placed in
attorney, guardian ad litem, or adult attend- the public record.
ant. (3) PROTECTIVE ORDERS.—(A) On motion by
(6) NOT BEFORE JURY.—A competency exam- any person the court may issue an order pro-
ination regarding a child witness shall be con- tecting a child from public disclosure of the
ducted out of the sight and hearing of a jury. name of or any other information concerning
(7) DIRECT EXAMINATION OF CHILD.—Examina- the child in the course of the proceedings, if
tion of a child related to competency shall the court determines that there is a signifi-
normally be conducted by the court on the cant possibility that such disclosure would be
basis of questions submitted by the attorney detrimental to the child.
for the Government and the attorney for the (B) A protective order issued under subpara-
defendant including a party acting as an attor- graph (A) may—
ney pro se. The court may permit an attorney (i) provide that the testimony of a child
but not a party acting as an attorney pro se to witness, and the testimony of any other wit-
examine a child directly on competency if the ness, when the attorney who calls the wit-
court is satisfied that the child will not suffer ness has reason to anticipate that the name
emotional trauma as a result of the examina- of or any other information concerning a
tion. child may be divulged in the testimony, be
(8) APPROPRIATE QUESTIONS.—The questions taken in a closed courtroom; and
asked at the competency examination of a (ii) provide for any other measures that
child shall be appropriate to the age and devel- may be necessary to protect the privacy of
opmental level of the child, shall not be re- the child.
lated to the issues at trial, and shall focus on (4) DISCLOSURE OF INFORMATION.—This sub-
determining the child’s ability to understand section does not prohibit disclosure of the
and answer simple questions. name of or other information concerning a
(9) PSYCHOLOGICAL AND PSYCHIATRIC EXAMI- child to the defendant, the attorney for the de-
NATIONS.—Psychological and psychiatric ex- fendant, a multidisciplinary child abuse team,
§ 3509 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 782
a guardian ad litem, or an adult attendant, or (G) training services for judges, litigators,
to anyone to whom, in the opinion of the court officers and others that are involved in
court, disclosure is necessary to the welfare child victim and child witness cases, in han-
and well-being of the child. dling child victims and child witnesses.
(e) CLOSING THE COURTROOM.—When a child (h) GUARDIAN AD LITEM.—
testifies the court may order the exclusion from (1) IN GENERAL.—The court may appoint, and
the courtroom of all persons, including members provide reasonable compensation and payment
of the press, who do not have a direct interest in of expenses for, a guardian ad litem for a child
the case. Such an order may be made if the who was a victim of, or a witness to, a crime
court determines on the record that requiring involving abuse or exploitation to protect the
the child to testify in open court would cause best interests of the child. In making the ap-
substantial psychological harm to the child or pointment, the court shall consider a prospec-
would result in the child’s inability to effec- tive guardian’s background in, and familiarity
tively communicate. Such an order shall be nar- with, the judicial process, social service pro-
rowly tailored to serve the Government’s spe- grams, and child abuse issues. The guardian ad
cific compelling interest. litem shall not be a person who is or may be
(f) VICTIM IMPACT STATEMENT.—In preparing a witness in a proceeding involving the child
the presentence report pursuant to rule 32(c) of for whom the guardian is appointed.
the Federal Rules of Criminal Procedure, the (2) DUTIES OF GUARDIAN AD LITEM.—A guard-
probation officer shall request information from ian ad litem may attend all the depositions,
the multidisciplinary child abuse team and hearings, and trial proceedings in which a
other appropriate sources to determine the im- child participates, and make recommendations
pact of the offense on the child victim and any
to the court concerning the welfare of the
other children who may have been affected. A
child. The guardian ad litem may have access
guardian ad litem appointed under subsection
to all reports, evaluations and records, except
(h) shall make every effort to obtain and report
attorney’s work product, necessary to effec-
information that accurately expresses the
tively advocate for the child. (The extent of
child’s and the family’s views concerning the
access to grand jury materials is limited to
child’s victimization. A guardian ad litem shall
the access routinely provided to victims and
use forms that permit the child to express the
child’s views concerning the personal con- their representatives.) A guardian ad litem
sequences of the child’s victimization, at a level shall marshal and coordinate the delivery of
and in a form of communication commensurate resources and special services to the child. A
with the child’s age and ability. guardian ad litem shall not be compelled to
(g) USE OF MULTIDISCIPLINARY CHILD ABUSE testify in any court action or proceeding con-
TEAMS.— cerning any information or opinion received
(1) IN GENERAL.—A multidisciplinary child from the child in the course of serving as a
abuse team shall be used when it is feasible to guardian ad litem.
do so. The court shall work with State and (3) IMMUNITIES.—A guardian ad litem shall
local governments that have established mul- be presumed to be acting in good faith and
tidisciplinary child abuse teams designed to shall be immune from civil and criminal li-
assist child victims and child witnesses, and ability for complying with the guardian’s law-
the court and the attorney for the Govern- ful duties described in paragraph (2).
ment shall consult with the multidisciplinary (i) ADULT ATTENDANT.—A child testifying at or
child abuse team as appropriate. attending a judicial proceeding shall have the
(2) ROLE OF MULTIDISCIPLINARY CHILD ABUSE right to be accompanied by an adult attendant
TEAMS.—The role of the multidisciplinary to provide emotional support to the child. The
child abuse team shall be to provide for a child court, at its discretion, may allow the adult at-
services that the members of the team in their tendant to remain in close physical proximity to
professional roles are capable of providing, in- or in contact with the child while the child tes-
cluding— tifies. The court may allow the adult attendant
(A) medical diagnoses and evaluation serv- to hold the child’s hand or allow the child to sit
ices, including provision or interpretation of
on the adult attendant’s lap throughout the
x-rays, laboratory tests, and related serv-
course of the proceeding. An adult attendant
ices, as needed, and documentation of find-
shall not provide the child with an answer to
ings;
(B) telephone consultation services in any question directed to the child during the
emergencies and in other situations; course of the child’s testimony or otherwise
(C) medical evaluations related to abuse or prompt the child. The image of the child attend-
neglect; ant, for the time the child is testifying or being
(D) psychological and psychiatric diag- deposed, shall be recorded on videotape.
noses and evaluation services for the child, (j) SPEEDY TRIAL.—In a proceeding in which a
parent or parents, guardian or guardians, or child is called to give testimony, on motion by
other caregivers, or any other individual in- the attorney for the Government or a guardian
volved in a child victim or child witness ad litem, or on its own motion, the court may
case; designate the case as being of special public im-
(E) expert medical, psychological, and re- portance. In cases so designated, the court shall,
lated professional testimony; consistent with these rules, expedite the pro-
(F) case service coordination and assist- ceeding and ensure that it takes precedence over
ance, including the location of services any other. The court shall ensure a speedy trial
available from public and private agencies in in order to minimize the length of time the child
the community; and must endure the stress of involvement with the
Page 783 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3510
criminal process. When deciding whether to Stat. 629, 631; Pub. L. 111–16, § 3(11), May 7, 2009,
grant a continuance, the court shall take into 123 Stat. 1608; Pub. L. 115–299, § 6, Dec. 7, 2018, 132
consideration the age of the child and the poten- Stat. 4388.)
tial adverse impact the delay may have on the
child’s well-being. The court shall make written Editorial Notes
findings of fact and conclusions of law when
REFERENCES IN TEXT
granting a continuance in cases involving a
child. The Federal Rules of Evidence, referred to in subsec.
(k) STAY OF CIVIL ACTION.—If, at any time that (c)(1), are set out in the Appendix to Title 28, Judiciary
a cause of action for recovery of compensation and Judicial Procedure.
for damage or injury to the person of a child ex- The Federal Rules of Criminal Procedure, referred to
in subsecs. (f) and (m)(2)(A), are set out in the Appendix
ists, a criminal action is pending which arises to this title.
out of the same occurrence and in which the
child is the victim, the civil action shall be AMENDMENTS
stayed until the end of all phases of the criminal 2018—Subsec. (m)(3). Pub. L. 115–299 added par. (3).
action and any mention of the civil action dur- 2009—Subsec. (b)(1)(A). Pub. L. 111–16 substituted ‘‘7
ing the criminal proceeding is prohibited. As days’’ for ‘‘5 days’’.
used in this subsection, a criminal action is 2006—Subsec. (h)(1). Pub. L. 109–248, § 507, inserted
pending until its final adjudication in the trial ‘‘, and provide reasonable compensation and payment
court. of expenses for,’’ after ‘‘The court may appoint’’.
(l) TESTIMONIAL AIDS.—The court may permit Subsec. (m). Pub. L. 109–248, § 504, added subsec. (m).
1996—Subsec. (e). Pub. L. 104–294, § 605(h)(1), sub-
a child to use anatomical dolls, puppets, draw-
stituted ‘‘serve the Government’s’’ for ‘‘serve the gov-
ings, mannequins, or any other demonstrative ernment’s’’.
device the court deems appropriate for the pur- Subsec. (h)(3). Pub. L. 104–294, § 605(h)(2), substituted
pose of assisting a child in testifying. ‘‘in paragraph (2)’’ for ‘‘in subpart (2)’’.
(m) PROHIBITION ON REPRODUCTION OF CHILD 1994—Pub. L. 103–322, § 330011(e), made technical
PORNOGRAPHY.— amendment to directory language of Pub. L. 101–647,
(1) In any criminal proceeding, any property § 225(a), which enacted this section.
or material that constitutes child pornog- Pub. L. 103–322, § 330010(7)(B), substituted ‘‘Govern-
raphy (as defined by section 2256 of this title) ment’’ for ‘‘government’’ in subsecs. (b)(1)(A), (D),
shall remain in the care, custody, and control (2)(A), and (c)(5)(B), in subsec. (d)(1)(B)(i) after ‘‘hired
by the’’, and in subsec. (g)(1).
of either the Government or the court.
Pub. L. 103–322, § 330010(7)(A), substituted ‘‘sub-
(2)(A) Notwithstanding Rule 16 of the Fed- section’’ for ‘‘subdivision’’ in subsecs. (b)(1)(A), (D)(i),
eral Rules of Criminal Procedure, a court shall (2)(A), (B)(iii)(III), (c)(1), (d)(4), and (f).
deny, in any criminal proceeding, any request Subsec. (a)(11) to (13). Pub. L. 103–322, § 330010(6), re-
by the defendant to copy, photograph, dupli- designated pars. (12) and (13) as (11) and (12), respec-
cate, or otherwise reproduce any property or tively, and struck out former par. (11) which read as
material that constitutes child pornography follows: ‘‘the term ‘exploitation’ means child pornog-
(as defined by section 2256 of this title), so raphy or child prostitution;’’.
long as the Government makes the property or Subsec. (k). Pub. L. 103–322, § 330018(b), substituted
heading for one which read ‘‘Extension of Child Statute
material reasonably available to the defend- of Limitations’’ and struck out first sentence which
ant. read as follows: ‘‘No statute of limitation that would
(B) For the purposes of subparagraph (A), otherwise preclude prosecution for an offense involving
property or material shall be deemed to be the sexual or physical abuse of a child under the age of
reasonably available to the defendant if the 18 years shall preclude such prosecution before the
Government provides ample opportunity for child reaches the age of 25 years.’’
inspection, viewing, and examination at a
Government facility of the property or mate- Statutory Notes and Related Subsidiaries
rial by the defendant, his or her attorney, and EFFECTIVE DATE OF 2009 AMENDMENT
any individual the defendant may seek to
qualify to furnish expert testimony at trial. Amendment by Pub. L. 111–16 effective Dec. 1, 2009,
(3) In any criminal proceeding, a victim, as see section 7 of Pub. L. 111–16, set out as a note under
section 109 of Title 11, Bankruptcy.
defined under section 2259(c)(4), shall have rea-
sonable access to any property or material EFFECTIVE DATE OF 1994 AMENDMENT
that constitutes child pornography, as defined Pub. L. 103–322, title XXXIII, § 330011(e), Sept. 13, 1994,
under section 2256(8), depicting the victim, for 108 Stat. 2145, provided that the amendment made by
inspection, viewing, and examination at a that section is effective as of the date on which section
Government facility or court, by the victim, 225(a) of Pub. L. 101–647 took effect.
his or her attorney, and any individual the
victim may seek to qualify to furnish expert § 3510. Rights of victims to attend and observe
testimony, but under no circumstances may trial
such child pornography be copied, photo- (a) NON-CAPITAL CASES.—Notwithstanding any
graphed, duplicated, or otherwise reproduced. statute, rule, or other provision of law, a United
Such property or material may be redacted to States district court shall not order any victim
protect the privacy of third parties. of an offense excluded from the trial of a defend-
(Added Pub. L. 101–647, title II, § 225(a), Nov. 29, ant accused of that offense because such victim
1990, 104 Stat. 4798; amended Pub. L. 103–322, title may, during the sentencing hearing, make a
XXXIII, §§ 330010(6), (7), 330011(e), 330018(b), Sept. statement or present any information in rela-
13, 1994, 108 Stat. 2143, 2145, 2149; Pub. L. 104–294, tion to the sentence.
title VI, § 605(h), Oct. 11, 1996, 110 Stat. 3510; Pub. (b) CAPITAL CASES.—Notwithstanding any
L. 109–248, title V, §§ 504, 507, July 27, 2006, 120 statute, rule, or other provision of law, a United
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