76-5-411. Admissibility of out-of-court statement of child victim of sexual abuse.
(1) Notwithstanding any rule of evidence, a child victim's out-of-court statement
regarding sexual abuse of that child is admissible as evidence although it does not qualify under
an existing hearsay exception, if:
(a) the child is available to testify in court or under Rule 15.5 (2) or (3), Utah Rules of
Criminal Procedure;
(b) if the child is not available to testify in court or under Rule 15.5 (2) or (3), Utah Rules
of Criminal Procedure, there is other corroborative evidence of the abuse; or
(c) the statement qualifies for admission under Rule 15.5 (1), Utah Rules of Criminal
Procedure.
(2) Prior to admission of any statement into evidence under this section, the judge shall
determine whether the interest of justice will best be served by admission of that statement. In
making this determination the judge shall consider the age and maturity of the child, the nature
and duration of the abuse, the relationship of the child to the offender, and the reliability of the
assertion and of the child.
(3) A statement admitted under this section shall be made available to the adverse party
sufficiently in advance of the trial or proceeding, to provide him with an opportunity to prepare to
meet it.
(4) For purposes of this section, a child is a person under the age of 14 years.
Amended by Chapter 187, 1989 General Session
Download Code Section Zipped WordPerfect 76_05_041100.ZIP 2,221 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008