SECTIONS 1250-1253 - California Statutes

EVIDENCE CODE

SECTION 1250-1253

1250. (a) Subject to Section 1252, evidence of a statement of the
declarant's then existing state of mind, emotion, or physical
sensation (including a statement of intent, plan, motive, design,
mental feeling, pain, or bodily health) is not made inadmissible by
the hearsay rule when:
(1) The evidence is offered to prove the declarant's state of
mind, emotion, or physical sensation at that time or at any other
time when it is itself an issue in the action; or
(2) The evidence is offered to prove or explain acts or conduct of
the declarant.
(b) This section does not make admissible evidence of a statement
of memory or belief to prove the fact remembered or believed.

1251. Subject to Section 1252, evidence of a statement of the
declarant's state of mind, emotion, or physical sensation (including
a statement of intent, plan, motive, design, mental feeling, pain, or
bodily health) at a time prior to the statement is not made
inadmissible by the hearsay rule if:
(a) The declarant is unavailable as a witness; and
(b) The evidence is offered to prove such prior state of mind,
emotion, or physical sensation when it is itself an issue in the
action and the evidence is not offered to prove any fact other than
such state of mind, emotion, or physical sensation.

1252. Evidence of a statement is inadmissible under this article if
the statement was made under circumstances such as to indicate its
lack of trustworthiness.

1253. Subject to Section 1252, evidence of a statement is not made
inadmissible by the hearsay rule if the statement was made for
purposes of medical diagnosis or treatment and describes medical
history, or past or present symptoms, pain, or sensations, or the
inception or general character of the cause or external source
thereof insofar as reasonably pertinent to diagnosis or treatment.
This section applies only to a statement made by a victim who is a
minor at the time of the proceedings, provided the statement was made
when the victim was under the age of 12 describing any act, or
attempted act, of child abuse or neglect. "Child abuse" and "child
neglect," for purposes of this section, have the meanings provided in
subdivision (c) of Section 1360. In addition, "child abuse" means
any act proscribed by Chapter 5 (commencing with Section 281) of
Title 9 of Part 1 of the Penal Code committed against a minor.