§ 104.002. PRERECORDED STATEMENT OF CHILD. If a child 12 years of age or younger is alleged in a suit under this title to have been abused, the recording of an oral statement of the child recorded prior to the proceeding is admissible into evidence if: (1) no attorney for a party was present when the statement was made; (2) the recording is both visual and aural and is recorded on film or videotape or by other electronic means; (3) the recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered; (4) the statement was not made in response to questioning calculated to lead the child to make a particular statement; (5) each voice on the recording is identified; (6) the person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party; and (7) each party is afforded an opportunity to view the recording before it is offered into evidence. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

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Last modified: August 10, 2007