Chapter 1 - Child Victims And Witnesses In Prosecutions For Sexual Offenses And Exploitation Involving Children
- Article 1 General Provisions.
- Section 15-25-1 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Leading questions of victim or witness under age 10
In any criminal prosecution for a physical offense or a sexual offense wherein the alleged victim is a child under the age of 16 ...
- Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Videotaped deposition; who may be present; procedure; protective order
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause ...
- Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Use of closed circuit equipment; competence of victim as witness
(a) In those criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the defendant prior to the trial ...
- Section 15-25-4 Appropriation for equipment to view videotaped depositions
There is hereby appropriated from the State General Fund the sum of $104,400.00 to the unified judicial system to furnish courts with the necessary ...
- Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or deposition of victim or witness under age 10
In any criminal proceeding and juvenile cases wherein the defendant is alleged to have had unlawful sexual contact or penetration with or on a ...
- Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations in ruling on motion for delay or continuance
In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness to the offense ...
- Article 2 The Child Sexual Abuse Victim Protection Act of 1989.
- Section 15-25-30 Short title
This article shall be entitled "The Child Physical and Sexual Abuse Victim Protection Act." ...
- Section 15-25-31 Out-of-court statement - When admissible
An out-of-court statement made by a child under 12 years of age at the time of the proceeding concerning an act that is a ...
- Section 15-25-32 Out-of-court statement - Requirements for admissibility
An out-of-court statement may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding, or testifies by means of ...
- Section 15-25-33 Expert testimony as to unavailability of child to testify
A finding of unavailability under Section 15-25-32(2)a.1., 3., 4., 5. and 6. must be supported by expert testimony. ...
- Section 15-25-34 Corroborative evidence prerequisite to admission of statement
Before a statement may be admitted pursuant to this article on the grounds that the child declarant is unavailable as a witness, such statement ...
- Section 15-25-35 Notice to adverse party
The proponent of the statement must inform the adverse party of the opponent's intention to offer the statement and the content of the statement ...
- Section 15-25-36 Court to inform jury as to out-of-court statement
The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of such out-of-court statement. ...
- Section 15-25-37 Factors in considering trustworthiness of statement
In determining whether a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b, the court shall consider any one, but is not limited to, ...
- Section 15-25-38 Recorded findings of the court
The court shall support with findings and record any rulings pertaining to the child's unavailability and the trustworthiness of the out-of-court statement. ...
- Section 15-25-39 "A child physical offense, sexual offense, and exploitation" defined
For purposes of this article, "a child physical offense, sexual offense, and exploitation" is defined to include the following crimes, when one or more ...
- Section 15-25-40 Effect upon otherwise admissible out-of-court statements
Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this ...
