C.R.S. Section 18-3-413
Video tape depositions

  • children
  • victims of sexual offenses

(1)

When a defendant has been charged with an unlawful sexual offense, as defined in section 18-3-411 (1), or incest, as defined in section 18-6-301, and when the victim at the time of the commission of the act is a child less than fifteen years of age, the prosecution may apply to the court for an order that a deposition be taken of the victim’s testimony and that the deposition be recorded and preserved on video tape.

(2)

The prosecution shall apply for the order in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition.

(3)

Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, the victim is likely to be medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence. Such finding shall be based on, but not be limited to, recommendations from the child’s therapist or any other person having direct contact with the child, whose recommendations are based on specific behavioral indicators exhibited by the child. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.

(4)

If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the court may admit the video tape of the victim’s deposition as former testimony under rule 804 (b)(1) of the Colorado rules of evidence.

(5)

Nothing in this section shall prevent the admission into evidence of any videotaped statements of children which would qualify for admission pursuant to section 13-25-129, C.R.S., or any other statute or rule of evidence.

Source: Section 18-3-413 — Video tape depositions - children - victims of sexual offenses, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑3‑101
Definition of terms 18‑3‑102
Murder in the first degree 18‑3‑103
Murder in the second degree - definitions 18‑3‑104
Manslaughter 18‑3‑105
Criminally negligent homicide 18‑3‑106
Vehicular homicide 18‑3‑107
First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration 18‑3‑201
Definitions 18‑3‑202
Assault in the first degree 18‑3‑203
Assault in the second degree 18‑3‑204
Assault in the third degree 18‑3‑205
Vehicular assault 18‑3‑206
Menacing 18‑3‑207
Criminal extortion - aggravated extortion 18‑3‑208
Reckless endangerment 18‑3‑210
Unlawfully aiming a laser device at an aircraft - definitions 18‑3‑301
First degree kidnapping 18‑3‑302
Second degree kidnapping 18‑3‑303
False imprisonment 18‑3‑304
Violation of custody order or order relating to parental responsibilities 18‑3‑305
Enticement of a child 18‑3‑306
Internet luring of a child 18‑3‑401
Definitions 18‑3‑402
Sexual assault 18‑3‑404
Unlawful sexual contact 18‑3‑405
Sexual assault on a child 18‑3‑405.3
Sexual assault on a child by one in a position of trust 18‑3‑405.4
Internet sexual exploitation of a child 18‑3‑405.5
Sexual assault on a client by a psychotherapist - definitions 18‑3‑405.6
Invasion of privacy for sexual gratification 18‑3‑405.7
Unlawful sexual conduct by a peace officer - definition 18‑3‑407
Victim’s and witness’s prior history - evidentiary hearing - victim’s identity - protective order 18‑3‑407.5
Victim evidence - forensic evidence - electronic lie detector exam without victim’s consent prohibited 18‑3‑407.7
Sexual assault victim emergency payment program - creation - eligibility 18‑3‑407.9
Forensic nurse examiners - telehealth program - creation - appropriation 18‑3‑408
Jury instruction prohibited 18‑3‑408.5
Jury instruction on consent - when required 18‑3‑409
Marital defense 18‑3‑410
Medical exception 18‑3‑411
Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition 18‑3‑412
Habitual sex offenders against children - indictment or information - verdict of the jury 18‑3‑412.5
Failure to register as a sex offender 18‑3‑412.6
Failure to verify location as a sex offender 18‑3‑413
Video tape depositions - children - victims of sexual offenses 18‑3‑414
Payment of treatment costs for the victim or victims of a sexual offense against a child 18‑3‑414.5
Sexually violent predators - assessment - annual report - definitions 18‑3‑415
Testing for persons charged with sexual offense 18‑3‑415.5
Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing 18‑3‑416
Reports of convictions to department of education 18‑3‑417
Reports of sexual assault by applicants, registrants, or licensed professionals 18‑3‑418
Unlawful electronic sexual communication - person in a position of trust - definitions 18‑3‑501
Legislative declaration 18‑3‑502
Definitions 18‑3‑503
Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude 18‑3‑504
Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude 18‑3‑505
Human trafficking council - created - duties - repeal 18‑3‑601
Legislative declaration 18‑3‑602
Stalking - penalty - definitions - Vonnie’s law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-3-413’s source at colorado​.gov