{"data":{"id":"us-co/c.r.s.-16-10-402.5","jurisdiction":"us-co","citation":"C.R.S. § 16-10-402.5","heading":"Use of closed-circuit television - victims of certain offenses involving domestic violence, unlawful sexual behavior, stalking, or human trafficking - definitions.","body":"(1) As used in this section, unless the context otherwise requires:\n\n(a) \"Closed-circuit television\" means a direct, closed-loop audio and video transmission system that allows private viewing and is not publicly broadcast, and may include the use of other digital or wireless technologies.\n\n(b) \"Domestic violence\" has the meaning set forth in section 18-6-800.3.\n\n(c) \"Human trafficking for involuntary servitude\" has the meaning set forth in section 18-3-503.\n\n(d) \"Human trafficking for sexual servitude\" has the meaning set forth in section 18-3-504.\n\n(e) \"Stalking\" has the meaning set forth in section 18-3-602.\n\n(f) \"Unlawful sexual behavior\" means unlawful sexual behavior described in part 4 of article 3 of title 18.\n\n(g) \"Victim-survivor\" means an individual who is alleged to be a victim of a crime charged in the present case which involves domestic violence, unlawful sexual behavior, stalking, human trafficking for involuntary servitude, or human trafficking for sexual servitude.\n\n(2) (a) Except as provided in subsection (4) of this section, in any prosecution for a crime involving domestic violence, unlawful sexual behavior, stalking, human trafficking for involuntary servitude, or human trafficking for sexual servitude, the court may, upon motion of a party or upon its own motion, order that the victim-survivor's testimony be taken in a room other than the courtroom and be televised by closed-circuit television in the courtroom if:\n\n(I) The testimony is taken during the proceeding;\n\n(II) The judge determines pursuant to subsection (2)(b)(II) of this section that testimony by the victim-survivor in the presence of the defendant in the courtroom would result in the victim-survivor suffering serious emotional distress or trauma, such that the victim-survivor would not be able to reasonably communicate; and\n\n(III) Closed-circuit television equipment is available for testimony.\n\n(b) (I) To obtain an order authorizing the use of closed-circuit television for testimony by a victim-survivor, a party shall file a written motion with the court no less than thirty-five days prior to the trial. The court may extend the time to file a written motion for good cause.\n\n(II) The court shall hold a hearing to determine whether testimony by the victim-survivor in the presence of the defendant in the courtroom would result in the victim-survivor suffering serious emotional distress or trauma, such that the victim-survivor would not be able to reasonably communicate.\n\n(c) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the victim-survivor when the victim-survivor testifies by closed-circuit television.\n\n(d) The operators of the closed-circuit television equipment shall make every effort to be unobtrusive while the victim-survivor is testifying.\n\n(3) (a) Only the following individuals may be in the room with the victim-survivor when the victim-survivor testifies by closed-circuit television:\n\n(I) The prosecuting attorney;\n\n(II) The attorney for the defendant;\n\n(III) The operators of the closed-circuit television equipment;\n\n(IV) A person whose presence, in the opinion of the court, contributes to the welfare and well-being of the victim-survivor, including an individual who has dealt with the victim-survivor in a therapeutic setting; and\n\n(V) The jury.\n\n(b) During the victim-survivor's testimony by closed-circuit television, the judge and the defendant, if present, shall remain in the courtroom.\n\n(c) The judge and the defendant must be allowed to communicate with the individuals in the room where the victim-survivor is testifying by an appropriate electronic method.\n\n(4) This section does not apply if the defendant is appearing pro se.\n\n(5) This section does not apply if the victim-survivor testifying is, at the time of a trial, a child less than eighteen years old or is a person who has an intellectual and developmental disability, as defined in section 25.5-10-202. Closed-circuit television testimony by a victim-survivor at the time of trial who is a child less than eighteen years old or who has an intellectual or developmental disability is governed by section 16-10-402.\n\n(6) (a) This section does not preclude, for purposes of identifying a defendant, the presence of both the victim-survivor and the defendant in the courtroom at the same time.\n\n(b) This section does not preclude the removal of the defendant, rather than the victim-survivor, from the courtroom upon the stipulation of both parties and the approval of the court.\n\n(c) This section does not preclude a court from taking other, constitutionally permissible measures to accommodate the needs of a testifying victim-survivor.","path":["Title 16 - CRIMINAL PROCEEDINGS","Article 10 - Jury Trials","Part 4 - TRIAL PROCEEDINGS"],"source_url":"https://olls.info/crs/crs2026-title-16.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"a35eb9104d18554e63ee7d524b5089219addcc38387da5ddb6c24d27fb8f01c1","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-16-10-402","next":"us-co/c.r.s.-16-10-403"},"notice":"GroundRules: Original legal text. Not legal advice."}