{"data":{"id":"us-ks/k.s.a.-38-2358","jurisdiction":"us-ks","citation":"K.S.A. 38-2358","heading":"Recorded statement of child victim admissible in certain cases; limitations.","body":"(a) In any proceeding pursuant to the code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:\n(1) The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;\n(2) no attorney for any party is present when the statement is made;\n(3) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;\n(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;\n(5) the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;\n(6) every voice on the recording is identified;\n(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;\n(8) each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties; and\n(9) the child is available to testify.\n(b) If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, either in the courtroom or as provided by K.S.A. 38-2359, and amendments thereto.","path":["Chapter 38.—MINORS","Article 23.—REVISED KANSAS JUVENILE JUSTICE CODE"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch38/038_023_0058.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:48Z","sha256":"0a719a7960d677b73d00e5d1c23929e5208f28bdf5824b24c3e01533711f62b6","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-38-2357","next":"us-ks/k.s.a.-38-2359"},"notice":"GroundRules: Original legal text. Not legal advice."}