Montana § 46-15-320 Interview Of Child Under Age 16

Montana Statutes

§ 46-15-320 — Interview Of Child Under Age 16

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 15 PRODUCTION OF EVIDENCE·Part 3 Discovery -- Immunity for Witnesses

46-15-320 . Interview of child under age 16.

(1)A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-508 , or 45-5-625 , or an immediate family member of the child who is also under the age of 16, except by an order of the court upon a motion showing that the defendant has exceptional circumstances that necessitate interviewing the child victim.

(2)Upon a motion under subsection (1), the court may, in its discretion, order an interview. If the court orders an interview, the court shall list the reasons for and scope of the interview and, if requested, provide any reasonable accommodations for the child victim for the interview.

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46-15-320 . Interview of child under age 16. (1) A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-508 , or 45-5-625 , or an immediate family member of the child who is also under the age of 16, except by an order of the court upon a motion showing that the defendant has exceptional circumstances that necessitate interviewing the child victim.
(2) Upon a motion under subsection (1), the court may, in its discretion, order an interview. If the court orders an interview, the court shall list the reasons for and scope of the interview and, if requested, provide any reasonable accommodations for the child victim for the interview.

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