18 U.S.C. § 3510 — Rights of victims to attend and observe

Page 783 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3510 criminal process. When deciding whether to grant a continuance, the court shall take into consideration the age of the child and the poten- tial adverse impact the delay may have on the child’s well-being. The court shall make written findings of fact and conclusions of law when granting a continuance in cases involving a child. (k) STAY OF CIVIL ACTION.—If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child ex- ists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action dur- ing the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court. (l) TESTIMONIAL AIDS.—The court may permit a child to use anatomical dolls, puppets, draw- ings, mannequins, or any other demonstrative device the court deems appropriate for the pur- pose of assisting a child in testifying. (m) PROHIBITION ON REPRODUCTION OF CHILD PORNOGRAPHY.— (1) In any criminal proceeding, any property or material that constitutes child pornog- raphy (as defined by section 2256 of this title) shall remain in the care, custody, and control of either the Government or the court. (2)(A) Notwithstanding Rule 16 of the Fed- eral Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, dupli- cate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defend- ant. (B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or mate- rial by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial. (3) In any criminal proceeding, a victim, as defined under section 2259(c)(4), shall have rea- sonable access to any property or material that constitutes child pornography, as defined under section 2256(8), depicting the victim, for inspection, viewing, and examination at a Government facility or court, by the victim, his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony, but under no circumstances may such child pornography be copied, photo- graphed, duplicated, or otherwise reproduced. Such property or material may be redacted to protect the privacy of third parties. (Added Pub. L. 101–647, title II, § 225(a), Nov. 29, 1990, 104 Stat. 4798; amended Pub. L. 103–322, title XXXIII, §§ 330010(6), (7), 330011(e), 330018(b), Sept. 13, 1994, 108 Stat. 2143, 2145, 2149; Pub. L. 104–294, title VI, § 605(h), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 109–248, title V, §§ 504, 507, July 27, 2006, 120 Stat. 629, 631; Pub. L. 111–16, § 3(11), May 7, 2009, 123 Stat. 1608; Pub. L. 115–299, § 6, Dec. 7, 2018, 132 Stat. 4388.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsecs. (f) and (m)(2)(A), are set out in the Appendix to this title. AMENDMENTS 2018—Subsec. (m)(3). Pub. L. 115–299 added par. (3). 2009—Subsec. (b)(1)(A). Pub. L. 111–16 substituted ‘‘7 days’’ for ‘‘5 days’’. 2006—Subsec. (h)(1). Pub. L. 109–248, § 507, inserted ‘‘, and provide reasonable compensation and payment of expenses for,’’ after ‘‘The court may appoint’’. Subsec. (m). Pub. L. 109–248, § 504, added subsec. (m). 1996—Subsec. (e). Pub. L. 104–294, § 605(h)(1), sub- stituted ‘‘serve the Government’s’’ for ‘‘serve the gov- ernment’s’’. Subsec. (h)(3). Pub. L. 104–294, § 605(h)(2), substituted ‘‘in paragraph (2)’’ for ‘‘in subpart (2)’’. 1994—Pub. L. 103–322, § 330011(e), made technical amendment to directory language of Pub. L. 101–647, § 225(a), which enacted this section. Pub. L. 103–322, § 330010(7)(B), substituted ‘‘Govern- ment’’ for ‘‘government’’ in subsecs. (b)(1)(A), (D), (2)(A), and (c)(5)(B), in subsec. (d)(1)(B)(i) after ‘‘hired by the’’, and in subsec. (g)(1). Pub. L. 103–322, § 330010(7)(A), substituted ‘‘sub- section’’ for ‘‘subdivision’’ in subsecs. (b)(1)(A), (D)(i), (2)(A), (B)(iii)(III), (c)(1), (d)(4), and (f). Subsec. (a)(11) to (13). Pub. L. 103–322, § 330010(6), re- designated pars. (12) and (13) as (11) and (12), respec- tively, and struck out former par. (11) which read as follows: ‘‘the term ‘exploitation’ means child pornog- raphy or child prostitution;’’. Subsec. (k). Pub. L. 103–322, § 330018(b), substituted heading for one which read ‘‘Extension of Child Statute of Limitations’’ and struck out first sentence which read as follows: ‘‘No statute of limitation that would otherwise preclude prosecution for an offense involving the sexual or physical abuse of a child under the age of 18 years shall preclude such prosecution before the child reaches the age of 25 years.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–322, title XXXIII, § 330011(e), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of the date on which section 225(a) of Pub. L. 101–647 took effect. § 3510. Rights of victims to attend and observe trial (a) NON-CAPITAL CASES.—Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defend- ant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in rela- tion to the sentence. (b) CAPITAL CASES.—Notwithstanding any statute, rule, or other provision of law, a United Page 784 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3511 States district court shall not order any victim of an offense excluded from the trial of a defend- ant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim’s family or as to any other factor for which notice is required under section 3593(a). (c) DEFINITION.—As used in this section, the term ‘‘victim’’ includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990. (Added Pub. L. 105–6, § 2(a), Mar. 19, 1997, 111 Stat. 12.) Editorial Notes REFERENCES IN TEXT Section 503(e)(2) of the Victims’ Rights and Restitu- tion Act of 1990, referred to in subsec. (c), is classified to section 20141(e)(2) of Title 34, Crime Control and Law Enforcement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–6, § 2(d), Mar. 19, 1997, 111 Stat. 13, pro- vided that: ‘‘The amendments made by this section [en- acting this section and amending section 3593 of this title] shall apply in cases pending on the date of the en- actment of this Act [Mar. 19, 1997].’’ § 3511. Judicial review of requests for informa- tion (a) The recipient of a request for records, a re- port, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or sec- tion 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does busi- ness or resides, petition for an order modifying or setting aside the request. The court may modify or set aside the request if compliance would be unreasonable, oppressive, or otherwise unlawful. (b) NONDISCLOSURE.— (1) IN GENERAL.— (A) NOTICE.—If a recipient of a request or order for a report, records, or other informa- tion under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162), wishes to have a court review a nondisclosure re- quirement imposed in connection with the request or order, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a). (B) APPLICATION.—Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the dis- closure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for the ju- dicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized inves- tigation that is the basis for the request is being conducted. The applicable nondisclo- sure requirement shall remain in effect dur- ing the pendency of proceedings relating to the requirement. (C) CONSIDERATION.—A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) APPLICATION CONTENTS.—An application for a nondisclosure order or extension thereof or a response to a petition filed under para- graph (1) shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Direc- tor of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field of- fice designated by the Director, or in the case of a request by a department, agency, or in- strumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agen- cy, or instrumentality, containing a state- ment of specific facts indicating that the ab- sence of a prohibition of disclosure under this subsection may result in— (A) a danger to the national security of the United States; (B) interference with a criminal, counterterrorism, or counterintelligence in- vestigation; (C) interference with diplomatic relations; or (D) danger to the life or physical safety of any person. (3) STANDARD.—A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information sub- ject to the nondisclosure requirement during the applicable time period may result in— (A) a danger to the national security of the United States; (B) interference with a criminal, counterterrorism, or counterintelligence in- vestigation; (C) interference with diplomatic relations; or (D) danger to the life or physical safety of any person. (c) In the case of a failure to comply with a re- quest for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General may invoke the aid of any district court of the United States within the jurisdiction in which the investiga- tion is carried on or the person or entity resides,