C.R.S. Section 13-25-129
Statements of a child

  • hearsay exception

(1)

An out-of-court statement made by a person under thirteen years of age, not otherwise admissible by a statute or court rule that provides an exception to the hearsay objection, is admissible in any criminal, delinquency, or civil proceeding in which the person is alleged to have been a victim if the conditions of subsection (5) of this section are satisfied.

(2)

An out-of-court statement made by a child, as child is defined under the statutes that are the subject of the action, or a person under fifteen years of age if child is undefined under the statutes that are the subject of the action, describing all or part of an offense of unlawful sexual behavior, as defined in section 16-22-102 (9), performed or attempted to be performed with, by, on, or in the presence of the child declarant, and that is not otherwise admissible by a statute or court rule that provides an exception to the hearsay objection, is admissible in evidence in any criminal, delinquency, or civil proceeding if the conditions of subsection (5) of this section are satisfied.

(3)

An out-of-court statement by a child, as child is defined under the statutes that are the subject of the action, describing any act of child abuse, as defined in section 18-6-401, to which the child declarant was subjected or that the child declarant witnessed, and that is not otherwise admissible by a statute or court rule that provides an exception to the hearsay objection, is admissible in evidence in any criminal, delinquency, or civil proceeding in which a child is a victim of child abuse or the subject of a proceeding alleging that a child is neglected or dependent under section 19-1-104 (1)(b), if the conditions of subsection (5) of this section are satisfied.

(4)

An out-of-court statement made by a person under thirteen years of age describing all or part of an offense contained in part 1 of article 3 of title 18, or describing an act of domestic violence as defined in section 18-6-800.3 (1), and that is not otherwise admissible by statute or court rule that provides an exception to the hearsay objection, is admissible in evidence in any criminal, delinquency, or civil proceeding if the conditions of subsection (5) of this section are satisfied.

(5)

Intentionally left blank —Ed.

(a)

The exceptions to the hearsay objection described in subsections (1) to (4) of this section apply only if the court finds in a pretrial hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and

(b)

The child either:

(I)

Testifies at the proceedings; or

(II)

Is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement.

(6)

If a statement is admitted pursuant to this section, the court shall instruct the jury in the final written instructions that during the proceeding the jury heard evidence repeating a child’s out-of-court statement and that it is for the jury to determine the weight and credit to be given the statement and that, in making the determination, the jury shall consider the age and maturity of the child, the nature of the statement, the circumstances under which the statement was made, and any other relevant factor.

(7)

The proponent of the statement shall give the adverse party reasonable notice of the proponent’s intention to offer the statement and the particulars of the statement.

Source: Section 13-25-129 — Statements of a child - hearsay exception, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑25‑101
Printed statutes - reports of decisions
13‑25‑102
United States census bureau mortality table as evidence
13‑25‑104
Proof of handwriting
13‑25‑105
Certificate of register - patent
13‑25‑106
Judicial notice of laws of other jurisdictions
13‑25‑107
Proceedings of cities and towns
13‑25‑108
Evidence of assessment
13‑25‑109
Recording of patents to land
13‑25‑110
Patent - copy of record
13‑25‑111
Patents already recorded
13‑25‑112
Fees of recorder
13‑25‑113
Lost deed - bond - note - affidavit
13‑25‑114
Certificate of publisher
13‑25‑115
Certificate of head officer
13‑25‑116
Water officials’ records
13‑25‑117
Parties plaintiff
13‑25‑118
Joint defendants
13‑25‑119
Dying declarations
13‑25‑120
Corporate resolutions and minutes
13‑25‑121
Reports of death
13‑25‑122
Person missing, interned, or captured
13‑25‑123
Report deemed pursuant to law
13‑25‑124
Libel and slander - how pleaded
13‑25‑125
Justification - pleaded and proved
13‑25‑125.5
Libel and slander - self-publication
13‑25‑126
Genetic tests to determine parentage
13‑25‑126.5
Documents arising from environmental self-evaluation - admissibility in evidence
13‑25‑127
Civil actions - degree of proof required
13‑25‑128
Rules of evidence - grant of authority subject to reservation
13‑25‑129
Statements of a child - hearsay exception
13‑25‑129.5
Statements of persons with intellectual and developmental disabilities - hearsay exception
13‑25‑130
Criminal actions - use of photographs, video tapes, or films of property
13‑25‑131
Civil actions - sexual assault - certain evidence presumed irrelevant
13‑25‑132
Criminal actions - video tape depositions - use at trial
13‑25‑133
Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception
13‑25‑134
Electronic records and signatures - admissibility in evidence - originals
13‑25‑135
Evidence of admissions - civil proceedings - unanticipated outcomes - medical care
13‑25‑136
Criminal actions - prenatal drug and alcohol screening - admissibility of evidence
13‑25‑137
Admissibility of commercial packaging
13‑25‑138
Victim’s and witness’s prior sexual conduct history - evidentiary hearing - victim’s identity - protective order
13‑25‑139
Criminal action - interference with witness - forfeiture by wrongdoing
Green check means up to date. Up to date

Current through Fall 2024

§ 13-25-129’s source at colorado​.gov