The proposed bill, known as the "Restoring Artistic Protection Act of 2026," seeks to amend chapter 490 of Missouri law by introducing a new section, 490.750, which addresses the admissibility of a defendant's creative or artistic expression as evidence in criminal cases. Under this new section, a defendant's creative or artistic expression, whether original or derivative, is generally not admissible as evidence against them, with specific exceptions outlined in subsection 4. This subsection allows for the admission of such evidence in a court hearing if the state can prove, by clear and convincing evidence, that the expression has a literal meaning intended by the defendant, refers to the specific facts of the alleged crime, is relevant to a disputed issue of fact, and possesses distinct probative value not provided by other admissible evidence. Additionally, the bill mandates that any court hearing regarding the admissibility of this evidence must be conducted in camera, with the court required to document its findings on the record. If the court allows the evidence to be admitted, it must ensure that the presentation to the jury is limited to the specific exceptions outlined and provide appropriate limiting instructions to the jury. This legislation aims to protect artistic expression from being misused in legal proceedings while still allowing for its consideration under strict conditions.

Statutes affected:
Introduced (5716H.01): 490.750