Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-27-607 - Determination of age of person(a) For purposes of this subchapter, the state must prove beyond a reasonable doubt that a person who is depicted as or presents the appearance of being under seventeen (17) years of age in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction is under seventeen (17) years of age.(b) If it becomes necessary for a purpose of this subchapter to determine whether a person depicted engaging in sexually explicit conduct was under seventeen (17) years of age, the court or jury may make this determination by any of the following methods: (1) Personal inspection of the person;(2) Inspection of the photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction picture that depicts the person engaging in the sexually explicit conduct;(3) Expert medical testimony based on the appearance of the person engaged in the sexually explicit conduct; or(4) Any other method authorized by law.Acts 2001, No. 1496, § 1; 2005, No. 1994, § 493.