In this section, “creative expression” means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols that is eligible for federal copyright protection under 17 U.S.C. § 102. “Creative expression” includes: Music; Dance; Performance art; Visual art; Poetry; Literature; and Film. In any criminal proceeding or juvenile proceeding, the creative expression of a defendant or respondent is not admissible against the defendant or respondent unless the court finds, by a preponderance of the evidence, that: The defendant or respondent intended the creative expression to be literal, rather than figurative or fictional; or If the creative expression is derivative, the defendant intended to adopt the literal meaning of the creative expression as their own; There is a close temporal and factual nexus between the creative expression and the alleged offense; The creative expression is relevant to a disputed issue of fact; and The probative value of the creative expression outweighs its prejudicial effect. Nothing in this section precludes the admission of creative expression in juvenile cases for the purposes of evaluating, recommending, or ordering referral to mental health services or diversion programs.