{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-505","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-505","heading":"Admissibility of prerecorded statements of child who","body":"is victim of abuse.\n\nA. This section shall apply only to a proceeding brought within\n\nthe purview of the Oklahoma Children's Code in which a child is\n\nalleged to be deprived, and shall apply only to the statement of\n\nthat child or another child witness.\n\nB. The recording of an oral statement of the child made before\n\nthe proceedings begin is admissible into evidence if:\n\n1. The court determines in a hearing conducted outside the\n\npresence of the jury that the time, content and totality of\n\ncircumstances surrounding the taking of the statement provide\n\nsufficient indicia of reliability so as to render it inherently\n\ntrustworthy. In determining trustworthiness, the court may\n\nconsider, among other things, the following factors: the spontaneity\n\nand consistent repetition of the statement, the mental state of the\n\ndeclarant, whether the terminology used is unexpected of a child of\n\nsimilar age or of an incapacitated person, and whether a lack of\n\nmotive to fabricate exists; and the child either:\n\na. testifies or is available to testify at the\n\nproceedings in open court or through an alternative\n\nmethod pursuant to the provisions of the Uniform Child\n\nWitness Testimony by Alternative Methods Act or\n\nSection 2611.2 of Title 12 of the Oklahoma Statutes,\n\nor\n\nb. is unavailable as a witness as defined in Section 2804\n\nof Title 12 of the Oklahoma Statutes. When the child\n\nis unavailable, such statement may be admitted only if\n\nthere is corroborative evidence of the act;\n\n2. No attorney for any party is present when the statement is\n\nmade. However, if appropriate facilities are utilized that allow\n\nobservation of the child without the child's knowledge or awareness\n\nin any way, any such attorney may be present as an observer, but not\n\nas a participant, and no such attorney shall have any right to\n\nintervene, object, or otherwise make his or her presence known to\n\nthe child before, after, or during the making of the statement of\n\nthe child;\n\n3. The recording is both visual and aural and is recorded on\n\nfilm or videotape or by other electronic means;\n\n4. The recording equipment is capable of making an accurate\n\nrecording, the operator of the equipment is competent, and the\n\nrecording is accurate and has not been altered;\n\n5. The statement is not made in response to questioning\n\ncalculated to lead the child to make a particular statement or is\n\notherwise clearly shown to be the child's statement and not made\n\nsolely as a result of a leading or suggestive question;\n\n6. Every voice on the recording is identified;\n\n7. The person conducting the interview of the child in the\n\nrecording is present at the proceeding and is available to testify\n\nor be cross-examined by any party;\n\n8. Each party to the proceeding is afforded an opportunity to\n\nview the recording before the recording is offered into evidence;\n\nand\n\n9. A copy of a written transcript of the recording transcribed\n\nby a licensed or certified court reporter is available to the\n\nparties.\n\nA statement may not be admitted under this subsection unless the\n\nproponent of the statement makes known to the parties an intention\n\nto offer the statement and the particulars of the statement at least\n\nten (10) days in advance of the proceedings to provide the parties\n\nwith an opportunity to prepare to answer the statement.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"415d0e8265bfd29a4841d4522b712e968d98b7078d6f13e6652f77424d8dc2eb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-504","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-506"},"notice":"GroundRules: Original legal text. Not legal advice."}