Current as of: 2010
(a) In this section, "statement" means:
(1) an oral or written assertion; or
(2) nonverbal conduct intended as an assertion, including sounds, gestures, demonstrations, drawings, and similar actions.
(b) Subject to subsections (c), (d), and (e) of this section, the court may admit into evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement to prove the truth of the matter asserted in the statement made by a child victim who:
(1) is under the age of 12 years; and
(2) is the alleged victim or the child alleged to need assistance in the case before the court concerning:
(i) child abuse under § 3-601 or § 3-602 of the Criminal Law Article;
(ii) rape or sexual offense under §§ 3-303 through 3-307 of the Criminal Law Article;
(iii) attempted rape or attempted sexual offense in the first degree or in the second degree under §§ 3-309 through 3-312 of the Criminal Law Article; or
(iv) in a juvenile court proceeding, abuse or neglect as defined in § 5-701 of the Family Law Article.
(c) An out of court statement may be admissible under this section only if the statement was made to and is offered by a person acting lawfully in the course of the person’s profession when the statement was made who is:
(1) a physician;
(2) a psychologist;
(3) a nurse;
(4) a social worker; or
(5) a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.
(d) (1) Under this section, an out of court statement by a child victim may come into evidence to prove the truth of the matter asserted in the statement:
(i) if the statement is not admissible under any other hearsay exception; and
(ii) regardless of whether the child victim testifies.
(2) If the child victim does not testify, the child victim’s out of court statement will be admissible only if there is corroborative evidence that:
(i) the defendant had the opportunity to commit the alleged crime; or
(ii) the child respondent or the alleged offender had the opportunity to commit the alleged abuse or neglect.
(3) To provide the defendant, child respondent, or alleged offender with an opportunity to prepare a response to the statement, the prosecuting attorney shall serve on the defendant, child respondent, or alleged offender and the attorney for the defendant, child respondent, or alleged offender within a reasonable time before the juvenile court proceeding and at least 20 days before the criminal proceeding in which the statement is to be offered into evidence, notice of:
(i) the State’s intention to introduce the statement; and
(ii) the content of the statement.
(4) (i) The defendant, child respondent, or allePrev
Questions & Answers: Criminal Procedure
U.S. Code Provisions: Criminal Procedure