Arizona Revised Statutes - Title 13 Criminal Code - Section 13-1416 Admissibility of minor's statement; notice
13-1416. Admissibility of minor's statement; notice
A. Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any sexual offense or physical abuse performed with, on or witnessed by the minor, which is not otherwise admissible by statute or court rule, is admissible in evidence in any criminal or civil proceeding if both of the following are true:
1. The court finds, in an in camera hearing, that the time, content and circumstances of the statement provide sufficient indicia of reliability.
2. Either of the following is true:
(a) The minor testifies at the proceedings.
(b) The minor is unavailable as a witness, provided that if the minor is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the statement.
B. A statement shall not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.Sections: Previous 13-1408 13-1409 13-1410 13-1411 13-1413 13-1414 13-1415 13-1416 13-1417 13-1418 13-1419 13-1420 13-1421 13-1422 13-1423 Next
Last modified: August 20, 2013