Rule 803A - Hearsay Exception; Child's Statement About a Sexual Act(a) Scope. This rule applies in criminal and delinquency proceedings only.(b) Conditions. A statement describing an incident that included a sexual act performed with or on the declarant by the defendant or an accomplice is admissible to the extent that it corroborates testimony given by the declarant during the same proceeding if: (1) the declarant was under the age of ten when the statement was made;(2) the statement is shown to have been spontaneous and without indication of manufacture;(3) either the declarant made the statement immediately after the incident or any delay is excusable as having been caused by fear or other equally effective circumstance;(4) the statement is introduced through the testimony of someone other than the declarant; and(5) the proponent of the statement makes known to the adverse party the intent to offer it and its particulars sufficiently before the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it. If the declarant made more than one corroborative statement about the incident, only the first is admissible under this rule.
Amended September 20, 2023, effective 1/1/2024.