Kansas § 38-2358 Recorded statement of child victim admissible in certain cases; limitations

Kansas Statutes

§ 38-2358 — Recorded statement of child victim admissible in certain cases; limitations

Kansas § 38-2358

Ch. 38MINORS

Art. 23REVISED KANSAS JUVENILE JUSTICE CODE

This text of Kansas § 38-2358 (Recorded statement of child victim admissible in certain cases; limitations) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 38-2358 (2026).

Text

(a)In any proceeding pursuant to the code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:

(1)The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;

(2)no attorney for any party is present when the statement is made;

(3)the recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(4)the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;

(5)the statement is not made in response to questioning calculated to lead the child

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(a) In any proceeding pursuant to the code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:
(1) The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;
(2) no attorney for any party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party;
(8) each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, either in the courtroom or as provided by K.S.A. 38-2359, and amendments thereto.