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·Ch. 38 MINORS·Art. 23 REVISED KANSAS JUVENILE JUSTICE CODE

(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.

Kansas § 38-2358 (Recorded statement of child victim admissible in certain cases; limitations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.