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 video tape deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as is provided in Section 15-25-3, and at the time of such testimony is subject to cross-examination about the out-of-court statements; or
(2)a. The child is found by the court to be unavailable to testify on any of these grounds:
1. The child's death;
2. The court finds that there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the child from the jurisdiction of the court;
3. The child's total failure of memory;
4. The child's physical or mental disability;
5. The child's incompetency, including the child's inability to communicate about the offense because of fear or a similar reason; or
6. Substantial likelihood that the child would suffer severe emotional trauma from testifying at the proceeding or by means of closed circuit television; and
b. The child's out-of-court statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness.
Last modified: May 3, 2021