{"data":{"id":"us-nm/38-6a-2","jurisdiction":"us-nm","citation":"38-6A-2","heading":"Definitions.","body":"As used in the Uniform Child Witness Protective Measures Act:\nA. \"alternative method\" means:\n(1) in a criminal proceeding in which a child witness does not give testimony in an open forum in full view of the finder of fact, a videotaped deposition of the child witness that complies with the following requirements:\n(a) the deposition was presided over by a district judge;\n(b) the defendant was represented by counsel at the deposition or waived counsel;\n(c) the defendant was present at the deposition; and\n(d) the defendant was given an adequate opportunity to cross-examine the child witness, subject to such protection of the child witness as the judge deemed necessary;\n(2) in a criminal proceeding in which a child witness does not give testimony face-to-face with the defendant, a videotaped deposition of the child witness that complies with the following requirements:\n(a) the deposition was presided over by a district judge;\n(b) the defendant was represented by counsel at the deposition or waived counsel;\n(c) the defendant was able to view the deposition, including the child witness, through closed-circuit television or equivalent technology, and the defendant and counsel were able to communicate with each other during the deposition through headsets and microphones or equivalent technology; and\n(d) the defendant was given an adequate opportunity to cross-examine the child witness, subject to such protection of the child witness as the judge deemed necessary; or\n(3) in a noncriminal proceeding, testimony by closed-circuit television, deposition, testimony in a closed forum or any other method of testimony that does not include one or more of the following:\n(a) having the child testify in person in an open forum;\n(b) having the child testify in the presence and full view of the finder of fact and presiding officer; and\n(c) allowing all of the parties to be present, to participate and to view and be viewed by the child;\nB. \"child witness\" means:\n(1) an individual under the age of sixteen who has been or will be called to testify in a noncriminal proceeding; or\n(2) an alleged victim under the age of sixteen who has been or will be called to testify in a criminal proceeding;\nC. \"criminal proceeding\" means a trial or hearing before a court in a prosecution of a person charged with violating a criminal law of New Mexico or a delinquency proceeding pursuant to the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] involving conduct that if engaged in by an adult would constitute a violation of a criminal law of New Mexico;\nD. \"noncriminal proceeding\" means a trial or hearing before a court or an administrative agency of New Mexico having judicial or quasi-judicial powers in a civil case, an administrative proceeding or any other case or proceeding other than a criminal proceeding; and\nE. \"presiding officer\" means the person under whose supervision and jurisdiction the proceeding is being conducted. \"Presiding officer\" includes a judge in whose court a case is being heard, a quasi-judicial officer or an administrative law judge or hearing officer.","path":["Chapter 38 - Trials","ARTICLE 6A Uniform Child Witness Protective Measures"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18538/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"f3c38b54c2e326b391eff642b253fbb9fa979d4dfbdd3c1edb3bed3f8556b03a","source_id":"us-nm","stale":false,"prev":"us-nm/38-6a-1","next":"us-nm/38-6a-3"},"notice":"GroundRules: Original legal text. Not legal advice."}