Statement of child under eighteen or vulnerable person admissible, when
When a child under 18 or a vulnerable person talks about being hurt or abused, what they said can be used as evidence in a criminal court case — even if it normally wouldn't be allowed. A judge first decides privately whether the statement seems reliable enough. The statement can be used if the child or vulnerable person testifies, is unable to testify, or would suffer serious emotional harm from being in the same room as the accused. The prosecutor has to tell the accused about the statement ahead of time so they have a fair chance to prepare.
491.075. Statement of child under eighteen or , when. — 1. A statement made by a child under the age of eighteen, or a vulnerable person, relating to an under chapter 565, 566, 568 or 573, performed by another, not otherwise admissible by or court , is in in the courts of this state as to prove the if:
(1) The court finds, in a conducted outside the presence of the jury that the time, content and circumstances of the statement provide sufficient ; and
(2) (a) The child or vulnerable person testifies at the s; or
(b) The child or vulnerable person is ; or
(c) The child or vulnerable person is otherwise physically available as a but the court finds that the significant emotional or psychological trauma which would result from ing in the personal presence of the makes the child or vulnerable person unavailable as a witness at the time of the criminal proceeding.
2. 1 of this section or any of law or rule of requiring of statements, or confessions of the defendant, and notwithstanding any prohibition of evidence, a statement by a child when under the age of eighteen, or a vulnerable person, who is alleged to be victim of an offense under chapter 565, 566, 568 or 573 is sufficient corroboration of a statement, or confession regardless of whether or not the child or vulnerable person is available to testify regarding the offense.
3. A statement may not be admitted under this section unless the makes known to the accused or the accused's his or her intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the accused or the accused's counsel with a fair opportunity to prepare to meet the statement.
4. Nothing in this section shall be to limit the of statements, admissions or confessions otherwise admissible by law.
5. For the purposes of this section, "vulnerable person" shall mean a person who, as a result of an inadequately developed or impaired intelligence or a that materially affects ability to function, lacks the to , or whose developmental level does not exceed that of an ordinary child of seventeen years of age.
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Source & history notes
(L. 1985 H.B. 366, et al., A.L. 1992 S.B. 638, A.L. 2004 H.B. 1453, A.L. 2008 S.B. 714, et al., A.L. 2012 S.B. 628, A.L. 2025 S.B. 43) Effective 8-28-26 (2002) Subsection 1 of section does not require child-declarant to be a victim in order to admit his or her hearsay statements. State v. Bass. 81 S.W.3d 595 (Mo.App.W.D.). (2002) Section does not impose a burden on either party to prove reliability or unreliability, but places burden of production on proponent of hearsay statement. State v. Porras, 84 S.W.3d 153 (Mo.App.W.D.). (2007) Absence of law enforcement factor in child victim's statements to her mother made them non-testimonial; admission of statements under section does not violate confrontation clause of Sixth Amendment. In re N.D.C., 229 S.W.3d 602 (Mo.banc). (2009) Section allowing admission of hearsay statements of child victim of sexual offenses is constitutional under the Confrontation Clause. State v. Perry, 275 S.W.3d 237 (Mo.banc). (2011) Section allowing hearsay statements of a minor less than fourteen to be admitted as substantive evidence under certain conditions is constitutional. State v. Biggs, 333 S.W.3d 472 (Mo.banc).
Related Missouri laws
Prior inconsistent statement may be admissible in criminal cases as substantive evidence
RSMo 491.074
Juvenile court adjudication, use to affect credibility
RSMo 491.078
Cross-examination of witnesses
RSMo 491.070
Testimony of witness not to be used to convict him of fraud
RSMo 491.080
Informants, disclosure requirements
RSMo 491.065
Persons incompetent to testify
RSMo 491.060
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.