Code of Alabama - Title 15: Criminal Procedure - Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children
- Article 1 General Provisions.
- 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 the statement is made 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 video...
- 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 may...
- 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 sufficiently...
- 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, the...
- 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 of...
- 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 article...
Last modified: May 3, 2021