9-1802 DEFINITIONS. - Idaho Statutes

TITLE 9

EVIDENCE

CHAPTER 18

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

9-1802. Definitions. In this chapter:

(1) "Alternative method" means a method by which a child witness testifies which does not include all of the following:

(a) Having the child present in person in an open forum;

(b) Having the child testify in the presence and full view of the finder of fact and presiding officer; and

(c) Allowing all of the parties to be present, to participate and to view and be viewed by the child.

(2) "Child witness" means an individual under the age of thirteen (13) years who has been or will be called to testify in a proceeding.

(3) "Criminal proceeding" means a trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this state and a juvenile delinquency proceeding involving conduct that if engaged in by an adult would constitute a violation of the criminal law of this state.

(4) "Noncriminal proceeding" means a trial or hearing before a court or an administrative agency of this state having judicial or quasi-judicial powers, other than a criminal proceeding.