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Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Definition. For purposes of this section, "physical abuse" and "sexual abuse"
have the meanings given in section 626.556, subdivision 2, except that abuse is not limited to
acts by a person responsible for the child's care or in a significant relationship with the child or
position of authority.
    Subd. 2. Court order required. (a) A custodian of a videotape of a child victim or alleged
victim alleging, explaining, denying, or describing an act of physical or sexual abuse as part of
an investigation or evaluation of the abuse may not release a copy of the videotape without a
court order, notwithstanding that the subject has consented to the release of the videotape or that
the release is authorized under law.
(b) The court order may govern the purposes for which the videotape may be used,
reproduction, release to other persons, retention and return of copies, and other requirements
reasonably necessary for protection of the privacy and best interests of the child.
    Subd. 3. Petition. An individual subject of data, as defined in section 13.02, or a patient,
as defined in sections 144.291 to 144.298, who is seeking a copy of a videotape governed by
this section may petition the district court in the county where the alleged abuse took place or
where the custodian of the videotape resides for an order releasing a copy of the videotape under
subdivision 2. Nothing in this section establishes a right to obtain access to a videotape by any
other person nor limits a right of a person to obtain access if access is otherwise authorized by law
or pursuant to discovery in a court proceeding.
History: 1995 c 259 art 4 s 6; 2007 c 147 art 10 s 15