Title 15 — Title 15

or Protected Person - Application; Definitions. (a) This article shall apply to any criminal prosecution for a physical offense, a sexual offense, or a violent offense where the alleged victim or witness is a child or a protected person. (b) For the purposes of this article, a “p…

Protected Person - Videotaped Deposition; Who May Be Present; Procedure; Protective Order; Appointment of Counsel. (a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause shown and after n…

Protected Person - Use of Closed Circuit Equipment; Who May Be Present; Procedure; Competence of Victim as Witness; Appointment of Counsel. (a) In those criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the defendant prior to the trial of the …

This article shall be entitled “The Child and Protected Person Physical and Sexual Abuse, and Violent Offense Victim Protection Act.” History: (Acts 1989, No. 89-876, p. 1754, §1; Acts 1994, No. 94-704, p. 1359, §1; Act 2022-201, §2.)

375) [Effective until October 1, 2026.] AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. An out-of-court statement made by a child under 12 years of age at the time the statement is made, or by a protected person as defined in Section 15-25-1, con…

An out-of-court statement may be admitted as provided in Section 15-25-31, if either of the following occur: (1) The witness testifies at the proceeding, testifies by means of video deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as i…

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-201 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1989, No. 89-876, p. 1754, §4.)

Before a statement may be admitted pursuant to this article on the grounds that the declarant is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the act. History: (Acts 1989, No. 89-876, p. 1754, §4.5; Act 2022-201, §2.)

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 in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement befor…

The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of the out-of-court statement. History: (Acts 1989, No. 89-876, p. 1754, §6; Act 2022-201, §2.)

In determining whether a statement possesses particularized guarantees of trustworthiness pursuant to Section 15-25-32, the court shall consider any of the following factors: (1) The witness’s personal knowledge of the event. (2) The age and maturity of the witness. (3) Certainty…

The court shall support with findings and record any rulings pertaining to the witness’s unavailability and the trustworthiness of the out-of-court statement. History: (Acts 1989, No. 89-876, p. 1754, §8; Act 2022-201, §2.)

For purposes of this article, “a physical offense, sexual offense, or violent offense” is defined to include the following crimes, when one or more of the victims or witnesses is a child under 12 years of age or is a protected person as provided in Section 15-25-1: (1) A sex offe…

There is hereby appropriated from the State General Fund the sum of $104,400.00 to the unified judicial system to furnish courts with the necessary equipment to view videotaped depositions as provided for in this article. History: (Acts 1985, No. 85-743, p. 1143, §4.)

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 did not exist. History: (Acts 1989, No. 89-876, p. 1754, §10.)

Deposition of Victim or Witness Under Age 12 or a Protected Person. In any criminal proceeding and juvenile cases where the defendant is alleged to have had unlawful sexual contact with a child or a protected person, the court shall permit the use of anatomically correct dolls or…

Witness. In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, where the victim or a witness to the offense is a child or a protected person, the court and the prosecuting attorney shall take appropriate action to ensure a speedy trial in o…

In any criminal prosecution referred to in Section 15-25-1, the court may allow leading questions at trial by the prosecution or defense of any victim or witness in a case who is under the age of 12 or is a protected person, if the court determines that the allowance of leading q…