76-6-605. Photographs of items allegedly taken or converted -- Admissibility --
Procedure.
(1) As used in this section "items" means:
(a) goods or merchandise as defined in Section 76-6-601; and
(b) library materials, as defined in Title 76, Chapter 6, Part 8.
(2) In any prosecution for a violation of Section 76-6-602 or Title 76, Chapter 6, Part 8,
Library Theft, photographs of the items alleged to have been taken or converted are competent
evidence of the items and are admissible in any proceeding, hearing, or trial as if the items
themselves were introduced as evidence.
(3) The photographs shall bear a written description of the items alleged to have been
taken or converted, the name of the owner, or the store, establishment, or library, as appropriate,
where the alleged offense occurred, the name of the accused, the name of the arresting peace
officer, the date of the photograph, and the name of the photographer.
(4) The writing shall be made under oath by the arresting peace officer, and the
photographs identified by the signature of the photographer. Upon the filing of the photograph
and writing with the authority or court holding the items as evidence, they shall be returned to
their owner, or returned to the proprietor or manager of the store or establishment, or to an
employee of the library, as is appropriate.
Amended by Chapter 22, 1989 General Session
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Last revised: Wednesday, July 23, 2008