51.385 - Admissibility; notice of unavailability or inability of child to testify. - Nevada Statutes

51.385  Admissibility; notice of unavailability or inability of child to testify.

      1.  In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child or any act of physical abuse of the child is admissible in a criminal proceeding regarding that act of sexual conduct or physical abuse if:

      (a) The court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and

      (b) The child testifies at the proceeding or is unavailable or unable to testify.

      2.  In determining the trustworthiness of a statement, the court shall consider, without limitation, whether:

      (a) The statement was spontaneous;

      (b) The child was subjected to repetitive questioning;

      (c) The child had a motive to fabricate;

      (d) The child used terminology unexpected of a child of similar age; and

      (e) The child was in a stable mental state.

      3.  If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecution’s intention to offer the statement in evidence.

      (Added to NRS by 1985, 2132; A 2001, 702)