{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.9.html"}],"law_id":83206,"edition_id":1,"section_id":83206,"structure_id":13101,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","history":"1988, c. 846; 1999, c. 668; 2001, c. 410; 2019, c. 146; 2020, c. 122; 2025, c. 191.","full_text":"A\n\nThe provisions of this section shall apply to an alleged victim who was 14 years of age or younger at the time of the alleged offense and is 16 years of age or younger at the time of the trial and to a witness who is 14 years of age or younger at the time of the trial.\n\t\t\tIn any criminal proceeding, including preliminary hearings, involving an alleged offense against a child, relating to a violation of the laws pertaining to kidnapping pursuant to Article 3 (§ 18.2-47 et seq.) of Chapter 4, criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8, or involving an alleged murder of a person of any age, the attorney for the Commonwealth or the defendant may apply for an order from the court that the testimony of the alleged victim or a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television or other securely encrypted two-way audio and video technology. The party seeking such order shall apply for the order at least 14 days before the trial date or at least seven days before such other preliminary proceeding to which the order is to apply.B\n\nThe court may order that the testimony of the child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology as provided in subsection A if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:1\n\nThe child’s persistent refusal to testify despite judicial requests to do so;2\n\nThe child’s substantial inability to communicate about the offense; or3\n\nThe court’s finding, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant’s presence and not in the courtroom generally and where such trauma would impair the child’s ability to communicate.\n\t\t\t\tAny ruling on the child’s unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.C\n\nIn any proceeding in which two-way closed-circuit television or other securely encrypted two-way audio and video technology is used to receive testimony, the attorney for the Commonwealth and the defendant’s attorney shall be present in the room with the child, and the child shall be subject to direct and cross-examination. The only other persons allowed to be present in the room with the child during his testimony shall be those persons necessary to operate the two-way closed-circuit equipment or other securely encrypted two-way audio and video technology and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.D\n\nThe child’s testimony shall be transmitted by two-way closed-circuit television or other securely encrypted two-way audio and video technology into the courtroom for the defendant, jury, judge, and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.E\n\nNotwithstanding any other provision of law, none of the cost of the two-way closed-circuit television or other securely encrypted two-way audio and video technology shall be assessed against the defendant.","order_by":null,"text":{"0":{"id":298110,"text":"The provisions of this section shall apply to an alleged victim who was 14 years of age or younger at the time of the alleged offense and is 16 years of age or younger at the time of the trial and to a witness who is 14 years of age or younger at the time of the trial.\n\t\t\tIn any criminal proceeding, including preliminary hearings, involving an alleged offense against a child, relating to a violation of the laws pertaining to kidnapping pursuant to Article 3 (§ 18.2-47 et seq.) of Chapter 4, criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8, or involving an alleged murder of a person of any age, the attorney for the Commonwealth or the defendant may apply for an order from the court that the testimony of the alleged victim or a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television or other securely encrypted two-way audio and video technology. The party seeking such order shall apply for the order at least 14 days before the trial date or at least seven days before such other preliminary proceeding to which the order is to apply.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298111,"text":"The court may order that the testimony of the child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology as provided in subsection A if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":298112,"text":"The child’s persistent refusal to testify despite judicial requests to do so;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":298113,"text":"The child’s substantial inability to communicate about the offense; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":298114,"text":"The court’s finding, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant’s presence and not in the courtroom generally and where such trauma would impair the child’s ability to communicate.\n\t\t\t\tAny ruling on the child’s unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":298115,"text":"In any proceeding in which two-way closed-circuit television or other securely encrypted two-way audio and video technology is used to receive testimony, the attorney for the Commonwealth and the defendant’s attorney shall be present in the room with the child, and the child shall be subject to direct and cross-examination. The only other persons allowed to be present in the room with the child during his testimony shall be those persons necessary to operate the two-way closed-circuit equipment or other securely encrypted two-way audio and video technology and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":298116,"text":"The child’s testimony shall be transmitted by two-way closed-circuit television or other securely encrypted two-way audio and video technology into the courtroom for the defendant, jury, judge, and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":298117,"text":"Notwithstanding any other provision of law, none of the cost of the two-way closed-circuit television or other securely encrypted two-way audio and video technology shall be assessed against the defendant.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13101,"edition_id":1,"name":"Criminal Sexual Assault","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":165125,"object_type":"structure","relational_id":13101,"identifier":"7","token":"18.2\/4\/7","url":"\/18.2\/4\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","metadata":false},{"id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","metadata":false},{"id":67245,"structure_id":13101,"section_number":"18.2-62","catch_line":"Repealed","url":"\/18.2-62\/","token":"18.2\/4\/7\/18.2-62","metadata":false},{"id":76651,"structure_id":13101,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","url":"\/18.2-63\/","token":"18.2\/4\/7\/18.2-63","metadata":false},{"id":54142,"structure_id":13101,"section_number":"18.2-63.1","catch_line":"Death of victim","url":"\/18.2-63.1\/","token":"18.2\/4\/7\/18.2-63.1","metadata":false},{"id":61006,"structure_id":13101,"section_number":"18.2-64","catch_line":"Repealed","url":"\/18.2-64\/","token":"18.2\/4\/7\/18.2-64","metadata":false},{"id":67558,"structure_id":13101,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","url":"\/18.2-64.1\/","token":"18.2\/4\/7\/18.2-64.1","metadata":false},{"id":77968,"structure_id":13101,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","url":"\/18.2-64.2\/","token":"18.2\/4\/7\/18.2-64.2","metadata":false},{"id":75020,"structure_id":13101,"section_number":"18.2-65","catch_line":"Repealed","url":"\/18.2-65\/","token":"18.2\/4\/7\/18.2-65","metadata":false},{"id":86699,"structure_id":13101,"section_number":"18.2-66","catch_line":"Repealed","url":"\/18.2-66\/","token":"18.2\/4\/7\/18.2-66","metadata":false},{"id":76985,"structure_id":13101,"section_number":"18.2-67","catch_line":"Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault","url":"\/18.2-67\/","token":"18.2\/4\/7\/18.2-67","metadata":false},{"id":61201,"structure_id":13101,"section_number":"18.2-67.01","catch_line":"Not in effect","url":"\/18.2-67.01\/","token":"18.2\/4\/7\/18.2-67.01","metadata":false},{"id":73623,"structure_id":13101,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","url":"\/18.2-67.1\/","token":"18.2\/4\/7\/18.2-67.1","metadata":false},{"id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","metadata":false},{"id":73072,"structure_id":13101,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","url":"\/18.2-67.2\/","token":"18.2\/4\/7\/18.2-67.2","metadata":false},{"id":83215,"structure_id":13101,"section_number":"18.2-67.2:1","catch_line":"Repealed","url":"\/18.2-67.2_1\/","token":"18.2\/4\/7\/18.2-67.2_1","metadata":false},{"id":85126,"structure_id":13101,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","url":"\/18.2-67.3\/","token":"18.2\/4\/7\/18.2-67.3","metadata":false},{"id":67699,"structure_id":13101,"section_number":"18.2-67.4","catch_line":"Sexual battery","url":"\/18.2-67.4\/","token":"18.2\/4\/7\/18.2-67.4","metadata":false},{"id":64369,"structure_id":13101,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","url":"\/18.2-67.4_1\/","token":"18.2\/4\/7\/18.2-67.4_1","metadata":false},{"id":70257,"structure_id":13101,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","url":"\/18.2-67.4_2\/","token":"18.2\/4\/7\/18.2-67.4_2","metadata":false},{"id":57731,"structure_id":13101,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","url":"\/18.2-67.5\/","token":"18.2\/4\/7\/18.2-67.5","metadata":false},{"id":73718,"structure_id":13101,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","url":"\/18.2-67.5_1\/","token":"18.2\/4\/7\/18.2-67.5_1","metadata":false},{"id":54441,"structure_id":13101,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","url":"\/18.2-67.5_2\/","token":"18.2\/4\/7\/18.2-67.5_2","metadata":false},{"id":68571,"structure_id":13101,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","url":"\/18.2-67.5_3\/","token":"18.2\/4\/7\/18.2-67.5_3","metadata":false},{"id":86022,"structure_id":13101,"section_number":"18.2-67.6","catch_line":"Proof of physical resistance not required","url":"\/18.2-67.6\/","token":"18.2\/4\/7\/18.2-67.6","metadata":false},{"id":78575,"structure_id":13101,"section_number":"18.2-67.7","catch_line":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","url":"\/18.2-67.7\/","token":"18.2\/4\/7\/18.2-67.7","metadata":false},{"id":71168,"structure_id":13101,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","url":"\/18.2-67.7_1\/","token":"18.2\/4\/7\/18.2-67.7_1","metadata":false},{"id":71989,"structure_id":13101,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","url":"\/18.2-67.8\/","token":"18.2\/4\/7\/18.2-67.8","metadata":false},{"id":83206,"structure_id":13101,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","url":"\/18.2-67.9\/","token":"18.2\/4\/7\/18.2-67.9","metadata":false},{"id":57944,"structure_id":13101,"section_number":"18.2-67.9:1","catch_line":"Use of a certified facility dog for testimony in a criminal proceeding","url":"\/18.2-67.9_1\/","token":"18.2\/4\/7\/18.2-67.9_1","metadata":false}],"previous_section":{"id":71989,"structure_id":13101,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","url":"\/18.2-67.8\/","token":"18.2\/4\/7\/18.2-67.8","metadata":false},"next_section":{"id":57944,"structure_id":13101,"section_number":"18.2-67.9:1","catch_line":"Use of a certified facility dog for testimony in a criminal proceeding","url":"\/18.2-67.9_1\/","token":"18.2\/4\/7\/18.2-67.9_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67.9\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 846 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 668<\/a>; in 2001, chapter 410<\/a>; in 2019, chapter 146<\/a>; in 2020, chapter 122<\/a>; in 2025, chapter 191<\/a>.<\/p>","references":false,"refers_to":[{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":86356,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","order_by":null,"url":"\/18.2-362\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"}],"permalink":{"id":165239,"object_type":"law","relational_id":83206,"identifier":"18.2-67.9","token":"18.2\/4\/7\/18.2-67.9","url":"\/18.2-67.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.9\/","token":"18.2\/4\/7\/18.2-67.9","dublin_core":{"Title":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this section shall apply to an alleged victim who was 14 years of age or younger at the time of the alleged offense<\/span> and is 16 years of age or younger at the time of the trial<\/span> and to a witness<\/span> who is 14 years of age or younger at the time of the trial<\/span>.\n\t\t\tIn any criminal proceeding, including preliminary hearings<\/span>, involving an alleged offense<\/span> against a child, relating to a violation of the laws<\/span> pertaining to kidnapping pursuant to Article 3 (§ 18.2-47<\/a> et seq.) of Chapter 4, criminal sexual assault<\/span> pursuant to Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4, commercial sex trafficking or prostitution offenses<\/span> pursuant to Article 3 (§ 18.2-346<\/a> et seq.) of Chapter 8, or family offenses<\/span> pursuant to Article 4 (§ 18.2-362<\/a> et seq.) of Chapter 8, or involving an alleged murder<\/span> of a person of any age, the attorney for the Commonwealth or the defendant<\/span> may apply for an order<\/span> from the court<\/span> that the testimony<\/span> of the alleged victim or a child witness<\/span> be taken in a room outside the courtroom and be televised by two-way closed-circuit<\/span> television or other securely encrypted two-way audio and video technology. The party<\/span> seeking such order<\/span> shall apply for the order<\/span> at least 14 days before the trial<\/span> date or at least seven days before such other preliminary proceeding to which the order<\/span> is to apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may order<\/span> that the testimony<\/span> of the child be taken by two-way closed-circuit<\/span> television or other securely encrypted two-way audio and video technology as provided in subsection A if it finds that the child is unavailable to testify in open court<\/span> in the presence of the defendant<\/span>, the jury<\/span>, the judge<\/span>, and the public, for any of the following reasons: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child’s persistent refusal to testify despite judicial requests to do so; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child’s substantial inability to communicate about the offense<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The court<\/span>’s finding<\/span>, by clear and convincing evidence<\/span>, based upon expert opinion<\/span> testimony<\/span>, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant<\/span>’s presence and not in the courtroom generally and where such trauma would impair the child’s ability to communicate.\n\t\t\t\tAny ruling on the child’s unavailability under this subsection shall be supported by the court<\/span> with findings<\/span> on the record or with written findings<\/span> in a court<\/span> not of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any proceeding in which two-way closed-circuit<\/span> television or other securely encrypted two-way audio and video technology is used to receive testimony<\/span>, the attorney for the Commonwealth and the defendant<\/span>’s attorney shall be present in the room with the child, and the child shall be subject to direct and cross-examination. The only other persons allowed to be present in the room with the child during his testimony<\/span> shall be those persons necessary to operate the two-way closed-circuit<\/span> equipment or other securely encrypted two-way audio and video technology and any other person whose presence is determined by the court<\/span> to be necessary to the welfare and well-being of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The child’s testimony<\/span> shall be transmitted by two-way closed-circuit<\/span> television or other securely encrypted two-way audio and video technology into the courtroom for the defendant<\/span>, jury<\/span>, judge<\/span>, and public to view. The defendant<\/span> shall be provided with a means of private, contemporaneous communication with his attorney during the testimony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span>, none of the cost of the two-way closed-circuit<\/span> television or other securely encrypted two-way audio and video technology shall be assessed against the defendant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTIMONY BY CHILD VICTIMS AND WITNESSES USING TWO-WAY CLOSED-CIRCUIT TELEVISION\nOR OTHER SECURELY ENCRYPTED TWO-WAY AUDIO AND VIDEO TECHNOLOGY (\u00a7 18.2-67.9)\n\nA. The provisions of this section shall apply to an alleged victim who was 14\nyears of age or younger at the time of the alleged offense and is 16 years of\nage or younger at the time of the trial and to a witness who is 14 years of age\nor younger at the time of the trial.\n\t\t\tIn any criminal proceeding, including preliminary hearings, involving an\nalleged offense against a child, relating to a violation of the laws pertaining\nto kidnapping pursuant to Article 3 (§ 18.2-47 et seq.) of Chapter 4,\ncriminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of\nChapter 4, commercial sex trafficking or prostitution offenses pursuant to\nArticle 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to\nArticle 4 (§ 18.2-362 et seq.) of Chapter 8, or involving an alleged murder\nof a person of any age, the attorney for the Commonwealth or the defendant may\napply for an order from the court that the testimony of the alleged victim or a\nchild witness be taken in a room outside the courtroom and be televised by\ntwo-way closed-circuit television or other securely encrypted two-way audio and\nvideo technology. The party seeking such order shall apply for the order at\nleast 14 days before the trial date or at least seven days before such other\npreliminary proceeding to which the order is to apply.\n\nB. The court may order that the testimony of the child be taken by two-way\nclosed-circuit television or other securely encrypted two-way audio and video\ntechnology as provided in subsection A if it finds that the child is unavailable\nto testify in open court in the presence of the defendant, the jury, the judge,\nand the public, for any of the following reasons:\n\n 1. The child’s persistent refusal to testify despite judicial requests\n to do so;\n\n 2. The child’s substantial inability to communicate about the offense;\n or\n\n 3. The court’s finding, by clear and convincing evidence, based upon\n expert opinion testimony, that the child will suffer at least moderate\n emotional trauma that is more than nervousness or excitement or some\n reluctance to testify as a result of testifying in the defendant’s\n presence and not in the courtroom generally and where such trauma would impair\n the child’s ability to communicate.\n \t\t\t\tAny ruling on the child’s unavailability under this subsection shall\n be supported by the court with findings on the record or with written findings\n in a court not of record.\n\nC. In any proceeding in which two-way closed-circuit television or other\nsecurely encrypted two-way audio and video technology is used to receive\ntestimony, the attorney for the Commonwealth and the defendant’s attorney\nshall be present in the room with the child, and the child shall be subject to\ndirect and cross-examination. The only other persons allowed to be present in\nthe room with the child during his testimony shall be those persons necessary to\noperate the two-way closed-circuit equipment or other securely encrypted two-way\naudio and video technology and any other person whose presence is determined by\nthe court to be necessary to the welfare and well-being of the child.\n\nD. The child’s testimony shall be transmitted by two-way closed-circuit\ntelevision or other securely encrypted two-way audio and video technology into\nthe courtroom for the defendant, jury, judge, and public to view. The defendant\nshall be provided with a means of private, contemporaneous communication with\nhis attorney during the testimony.\n\nE. Notwithstanding any other provision of law, none of the cost of the two-way\nclosed-circuit television or other securely encrypted two-way audio and video\ntechnology shall be assessed against the defendant.\n\nHISTORY: 1988, c. 846; 1999, c. 668; 2001, c. 410; 2019, c. 146; 2020, c. 122;\n2025, c. 191.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}