Okla. Stat. tit. 10A, § 10A-1-4-505: Admissibility of prerecorded statements of child who

is victim of abuse.

A. This section shall apply only to a proceeding brought within

the purview of the Oklahoma Children's Code in which a child is

alleged to be deprived, and shall apply only to the statement of

that child or another child witness.

B. The recording of an oral statement of the child made before

the proceedings begin is admissible into evidence if:

1. The court determines in a hearing conducted outside the

presence of the jury that the time, content and totality of

circumstances surrounding the taking of the statement provide

sufficient indicia of reliability so as to render it inherently

trustworthy. In determining trustworthiness, the court may

consider, among other things, the following factors: the spontaneity

and consistent repetition of the statement, the mental state of the

declarant, whether the terminology used is unexpected of a child of

similar age or of an incapacitated person, and whether a lack of

motive to fabricate exists; and the child either:

a. testifies or is available to testify at the

proceedings in open court or through an alternative

method pursuant to the provisions of the Uniform Child

Witness Testimony by Alternative Methods Act or

Section 2611.2 of Title 12 of the Oklahoma Statutes,

or

b. is unavailable as a witness as defined in Section 2804

of Title 12 of the Oklahoma Statutes. When the child

is unavailable, such statement may be admitted only if

there is corroborative evidence of the act;

2. No attorney for any party is present when the statement is

made. However, if appropriate facilities are utilized that allow

observation of the child without the child's knowledge or awareness

in any way, any such attorney may be present as an observer, but not

as a participant, and no such attorney shall have any right to

intervene, object, or otherwise make his or her presence known to

the child before, after, or during the making of the statement of

the child;

3. The recording is both visual and aural and is recorded on

film or videotape or by other electronic means;

4. The recording equipment is capable of making an accurate

recording, the operator of the equipment is competent, and the

recording is accurate and has not been altered;

5. The statement is not made in response to questioning

calculated to lead the child to make a particular statement or is

otherwise clearly shown to be the child's statement and not made

solely as a result of a leading or suggestive question;

6. Every voice on the recording is identified;

7. The person conducting the interview of the child in the

recording is present at the proceeding and is available to testify

or be cross-examined by any party;

8. Each party to the proceeding is afforded an opportunity to

view the recording before the recording is offered into evidence;

and

9. A copy of a written transcript of the recording transcribed

by a licensed or certified court reporter is available to the

parties.

A statement may not be admitted under this subsection unless the

proponent of the statement makes known to the parties an intention

to offer the statement and the particulars of the statement at least

ten (10) days in advance of the proceedings to provide the parties

with an opportunity to prepare to answer the statement.