Section 2803.1 - Statements of children not having attained 13 years or incapacitated persons describing acts of physical abuse or sexual contact - Admissibility in criminal and juvenile proceedingsA. The following statements are admissible in juvenile deprived proceedings and pre-trial and post-trial criminal and juvenile delinquent proceedings including preliminary hearings, prosecutive merit hearings, and hearings on the revocation of probation or acceleration of a deferred judgment:1. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen(16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, domestic abuse, neglect, enabling physical abuse or neglect against the child or incapacitated person or any act of sexual contact, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed with or on the child or incapacitated person by another, or any act or omission resulting in great bodily injury to the child or incapacitated person;
2. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, neglect, or enabling physical abuse or neglect against another child or incapacitated person, any act of sexual contact with another child or incapacitated person, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any act or omission resulting in death or great bodily injury to a human being, provided that the child or incapacitated person witnessed the act or omission.B. The following statements are admissible in criminal and juvenile delinquent trials if the child or incapacitated person testifies at the trial whether in person, via videoconferencing equipment, or other alternative means; if the child or incapacitated person does not testify at the trial and is unavailable as defined by subsection A of Section 2804 of this title and the requirements for admissibility pursuant to subsection B of Section 2804 of this title are satisfied; or if the child or incapacitated person does not testify at the trial and the court determines that the statement is nontestimonial: 1. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, domestic abuse, neglect, enabling physical abuse or neglect against the child or incapacitated person or any act of sexual contact, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed with or on the child or incapacitated person by another, or any act or omission resulting in great bodily injury to the child or incapacitated person; and2. A statement made by a child who has not attained sixteen(16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, neglect, or enabling physical abuse or neglect against another child or incapacitated person, any act of sexual conduct with another child or incapacitated person, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any act or omission resulting in death or great bodily injury to a human being, provided that the child or incapacitated person witnessed the act or omission.C. The provisions of the Oklahoma Criminal Discovery Code, Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the disclosure and notice requirements of statements offered pursuant to this section.D. As used in this section, "disability" means a physical or mental impairment which substantially limits one or more of the major life activities of the child or the child is regarded as having such an impairment by a competent medical professional.Okla. Stat. tit. 12, § 2803.1
Amended by Laws 2024 , c. 104, s. 1, eff. 11/1/2024.Amended by Laws 2023 , c. 216, s. 1, eff. 11/1/2023.Amended by Laws 2013 , c. 42, s. 1, eff. 11/1/2013.Added by Laws 1984, SB 347, c. 8, § 1, emerg. eff. 3/12/1984; Amended by Laws 1986, HB 1972, c. 87, § 1, eff. 7/1/1986; Amended by Laws 1990, HB 2334, c. 224, § 8, eff. 9/1/1990; Amended by Laws 1992, HB 2017, c. 301, § 2, eff. 9/1/1992; Amended by Laws 1993, HB 1197, c. 197, § 3, eff. 9/1/1993; Amended by Laws 1998 , HB 2442, c. 24, §1, eff. 4/1/1998; Amended by Laws 2000 , HB 2019, c. 340, §22, emerg. eff. 7/1/2000; Amended by Laws 2004 , SB 1090, c. 445, §2, emerg. eff. 6/4/2004.