{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2803.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2803.1","heading":"Statements of children not having attained 16 years,","body":"incapacitated persons, or vulnerable adults describing certain acts\n\n— Admissibility in criminal and juvenile proceedings.\n\nA. The following statements are admissible in juvenile deprived\n\nproceedings and pre-trial and post-trial criminal and juvenile\n\ndelinquent proceedings including preliminary hearings, prosecutive\n\nmerit hearings, and hearings on the revocation of probation or\n\nacceleration of a deferred judgment:\n\n1. A statement made by a child who has not attained sixteen\n\n(16) years of age at the time the statement is made, a child sixteen\n\n(16) years of age or older who has a disability, or a person who is\n\nan incapacitated person or vulnerable adult as defined by Section\n\n10-103 of Title 43A of the Oklahoma Statutes, which describes any\n\nact of physical abuse, domestic abuse, neglect, enabling physical\n\nabuse or neglect against the child, incapacitated person, or\n\nvulnerable adult or any act of sexual contact, any conduct\n\nproscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4,\n\n843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,\n\n1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed\n\nwith or on the child, incapacitated person, or vulnerable adult by\n\nanother, or any act or omission resulting in great bodily injury to\n\nthe child, incapacitated person, or vulnerable adult; and\n\n2. A statement made by a child who has not attained sixteen\n\n(16) years of age at the time the statement is made, a child sixteen\n\n(16) years of age or older who has a disability, or a person who is\n\nan incapacitated person or vulnerable adult as defined by Section\n\n10-103 of Title 43A of the Oklahoma Statutes, which describes any\n\nact of physical abuse, neglect, or enabling physical abuse or\n\nneglect against another child, incapacitated person, or vulnerable\n\nadult, any act of sexual contact with another child, incapacitated\n\nperson, or vulnerable adult, any conduct proscribed by Sections 741,\n\n745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112,\n\n1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21\n\nof the Oklahoma Statutes, any act of domestic abuse, or any act or\n\nomission resulting in death or great bodily injury to a human being,\n\nprovided that the child, incapacitated person, or vulnerable adult\n\nwitnessed the act or omission.\n\nB. The following statements are admissible in criminal and\n\njuvenile delinquent trials if the child, incapacitated person, or\n\nvulnerable adult testifies at the trial whether in person, via\n\nvideoconferencing equipment, or other alternative means; if the\n\nchild, incapacitated person, or vulnerable adult does not testify at\n\nthe trial and is unavailable as defined by subsection A of Section\n\n2804 of this title and the requirements for admissibility pursuant\n\nto subsection B of Section 2804 of this title are satisfied; or if\n\nthe child, incapacitated person, or vulnerable adult does not\n\ntestify at the trial and the court determines that the statement is\n\nnontestimonial:\n\n1. A statement made by a child who has not attained sixteen\n\n(16) years of age at the time the statement is made, a child sixteen\nsubsection B of Section 2804 of this title are satisfied; or if\n\nthe child, incapacitated person, or vulnerable adult does not\n\ntestify at the trial and the court determines that the statement is\n\nnontestimonial:\n\n1. A statement made by a child who has not attained sixteen\n\n(16) years of age at the time the statement is made, a child sixteen\n\n(16) years of age or older who has a disability, or a person who is\n\nan incapacitated person or vulnerable adult as defined by Section\n\n10-103 of Title 43A of the Oklahoma Statutes, which describes any\n\nact of physical abuse, domestic abuse, neglect, enabling physical\n\nabuse or neglect against the child, incapacitated person, or\n\nvulnerable adult or any act of sexual contact, any conduct\n\nproscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4,\n\n843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,\n\n1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed\n\nwith or on the child, incapacitated person, or vulnerable adult by\n\nanother, or any act or omission resulting in great bodily injury to\n\nthe child, incapacitated person, or vulnerable adult; and\n\n2. A statement made by a child who has not attained sixteen\n\n(16) years of age at the time the statement is made, a child sixteen\n\n(16) years of age or older who has a disability, or a person who is\n\nan incapacitated person or vulnerable adult as defined by Section\n\n10-103 of Title 43A of the Oklahoma Statutes, which describes any\n\nact of physical abuse, neglect, or enabling physical abuse or\n\nneglect against another child, incapacitated person, or vulnerable\n\nadult, any act of sexual conduct with another child, incapacitated\n\nperson, or vulnerable adult, any conduct proscribed by Sections 741,\n\n745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112,\n\n1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21\n\nof the Oklahoma Statutes, any act of domestic abuse, or any act or\n\nomission resulting in death or great bodily injury to a human being,\n\nprovided that the child, incapacitated person, or vulnerable adult\n\nwitnessed the act or omission.\n\nC. The provisions of the Oklahoma Criminal Discovery Code,\n\nSection 2002 of Title 22 of the Oklahoma Statutes, shall govern the\n\ndisclosure and notice requirements of statements offered pursuant to\n\nthis section.\n\nD. As used in this section, “disability” means a physical or\n\nmental impairment which substantially limits one or more of the\n\nmajor life activities of the child or the child is regarded as\n\nhaving such an impairment by a competent medical professional.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"79a4368a3e660d8b29933a8d829b2e93422e88c18c7b637171af1c1cdd0123a7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2803","next":"us-ok/okla.-stat.-tit.-12-12-2803.2"},"notice":"GroundRules: Original legal text. Not legal advice."}