Colorado § 18-3-413 Video tape depositions - children - victims of sexual offenses

Colorado Statutes

§ 18-3-413 — Video tape depositions - children - victims of sexual offenses

Colorado § 18-3-413

Title 18Criminal

Art.Offenses Against the Person

This text of Colorado § 18-3-413 (Video tape depositions - children - victims of sexual offenses) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 18-3-413 (2026).

Text

(1)When a defendant has been charged with an unlawful sexual offense, as defined in section 18-3-411 (1), or incest, as defined in section 18-6-301, and when the victim at the time of the commission of the act is a child less than fifteen years of age, the prosecution may apply to the court for an order that a deposition be taken of the victim's testimony and that the deposition be recorded and preserved on video tape.

(2)The prosecution shall apply for the order in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition.

(3)Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, the victim is likely to be medically unav

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(1)
When a defendant has been charged with an unlawful sexual offense, as defined in
section 18-3-411 (1), or incest, as defined in section 18-6-301, and when the victim at
the time of the commission of the act is a child less than fifteen years of age, the
prosecution may apply to the court for an order that a deposition be taken of the
victim's testimony and that the deposition be recorded and preserved on video tape.

(2) The prosecution shall apply for the order in writing at least three days
prior to the taking of the deposition. The defendant shall receive reasonable notice
of the taking of the deposition.

(3) Upon timely receipt of the application, the court shall make a preliminary
finding regarding whether, at the time of trial, the victim is likely to be medically
unavailable or otherwise unavailable within the meaning of rule 804 (a) of the
Colorado rules of evidence. Such finding shall be based on, but not be limited to,
recommendations from the child's therapist or any other person having direct
contact with the child, whose recommendations are based on specific behavioral
indicators exhibited by the child. If the court so finds, it shall order that the
deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal
procedure, and preserved on video tape. The prosecution shall transmit the video
tape to the clerk of the court in which the action is pending.

(4) If at the time of trial the court finds that further testimony would cause
the victim emotional trauma so that the victim is medically unavailable or otherwise
unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the
court may admit the video tape of the victim's deposition as former testimony under
rule 804 (b)(1) of the Colorado rules of evidence.

(5) Nothing in this section shall prevent the admission into evidence of any
videotaped statements of children which would qualify for admission pursuant to
section 13-25-129, C.R.S., or any other statute or rule of evidence.

Legislative History

Source: L. 83: Entire section added, p. 694, � 4, effective June 15. L. 91: (5) added, p. 406, � 12, effective June 6. L. 2003: (1) amended, p. 974, � 6, effective April 17.