onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Arizona Revised Statutes - Title 13 Criminal Code - Section 13-1416 Admissibility of minor's statement; notice

Legal Research Home >

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

Speak with a Lawyer in Arizona

Last modified: August 20, 2013