{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1522.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1522.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1522.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1522.html"}],"law_id":66316,"edition_id":1,"section_id":66316,"structure_id":15044,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","history":"1988, c. 892, \u00a7 63.1-248.13:2; 2002, c. 747; 2019, c. 413.","full_text":"A\n\nIn any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-283, or 20-107.2, an out-of-court statement made by a child 14 years of age or younger at the time the statement is offered into evidence, describing any act of a sexual nature performed with or on the child by another, not otherwise admissible by statute or rule, may be admissible in evidence if the requirements of subsection B are met.B\n\nAn out-of-court statement may be admitted into evidence as provided in subsection A if:1\n\nThe child testifies at the proceeding, or testifies by means of a videotaped deposition or closed-circuit television, and at the time of such testimony is subject to cross-examination concerning the out-of-court statement or the child is found by the court to be unavailable to testify on any of these grounds:\n\t\t\t\ta. The child’s death;\n\t\t\t\tb. The child’s absence from the jurisdiction, provided such absence is not for the purpose of preventing the availability of the child to testify;\n\t\t\t\tc. The child’s total failure of memory;\n\t\t\t\td. The child’s physical or mental disability;\n\t\t\t\te. The existence of a privilege involving the child;\n\t\t\t\tf. The child’s incompetency, including the child’s inability to communicate about the offense because of fear or a similar reason; and\n\t\t\t\tg. The substantial likelihood, based upon expert opinion testimony, that the child would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition or closed-circuit television.2\n\nThe child’s out-of-court statement is shown to possess particularized guarantees of trustworthiness and reliability.C\n\nA statement may not be admitted under this section unless the proponent of the statement notifies the adverse party of his intention to offer the statement and the substance of the statement sufficiently in advance of the proceedings to provide the adverse party with a reasonable opportunity to prepare to meet the statement, including the opportunity to subpoena witnesses.D\n\nIn determining whether a statement possesses particularized guarantees of trustworthiness and reliability under subdivision B 2, the court shall consider, but is not limited to, the following factors:1\n\nThe child’s personal knowledge of the event;2\n\nThe age and maturity of the child;3\n\nCertainty that the statement was made, including the credibility of the person testifying about the statement and any apparent motive such person may have to falsify or distort the event including bias, corruption, or coercion;4\n\nAny apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;5\n\nThe timing of the child’s statement;6\n\nWhether more than one person heard the statement;7\n\nWhether the child was suffering pain or distress when making the statement;8\n\nWhether the child’s age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child’s knowledge and experience;9\n\nWhether the statement has internal consistency or coherence, and uses terminology appropriate to the child’s age;10\n\nWhether the statement is spontaneous or directly responsive to questions;11\n\nWhether the statement is responsive to suggestive or leading questions; and12\n\nWhether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the child’s statement.E\n\nThe court shall support with findings on the record, or with written findings in a court not of record, any rulings pertaining to the child’s unavailability and the trustworthiness and reliability of the out-of-court statement.","order_by":null,"text":{"0":{"id":240787,"text":"In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-283, or 20-107.2, an out-of-court statement made by a child 14 years of age or younger at the time the statement is offered into evidence, describing any act of a sexual nature performed with or on the child by another, not otherwise admissible by statute or rule, may be admissible in evidence if the requirements of subsection B are met.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240788,"text":"An out-of-court statement may be admitted into evidence as provided in subsection A if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":240789,"text":"The child testifies at the proceeding, or testifies by means of a videotaped deposition or closed-circuit television, and at the time of such testimony is subject to cross-examination concerning the out-of-court statement or the child is found by the court to be unavailable to testify on any of these grounds:\n\t\t\t\ta. The child’s death;\n\t\t\t\tb. The child’s absence from the jurisdiction, provided such absence is not for the purpose of preventing the availability of the child to testify;\n\t\t\t\tc. The child’s total failure of memory;\n\t\t\t\td. The child’s physical or mental disability;\n\t\t\t\te. The existence of a privilege involving the child;\n\t\t\t\tf. The child’s incompetency, including the child’s inability to communicate about the offense because of fear or a similar reason; and\n\t\t\t\tg. The substantial likelihood, based upon expert opinion testimony, that the child would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition or closed-circuit television.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":240790,"text":"The child’s out-of-court statement is shown to possess particularized guarantees of trustworthiness and reliability.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":240791,"text":"A statement may not be admitted under this section unless the proponent of the statement notifies the adverse party of his intention to offer the statement and the substance of the statement sufficiently in advance of the proceedings to provide the adverse party with a reasonable opportunity to prepare to meet the statement, including the opportunity to subpoena witnesses.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":240792,"text":"In determining whether a statement possesses particularized guarantees of trustworthiness and reliability under subdivision B 2, the court shall consider, but is not limited to, the following factors:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"6":{"id":240793,"text":"The child’s personal knowledge of the event;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":240794,"text":"The age and maturity of the child;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"8":{"id":240795,"text":"Certainty that the statement was made, including the credibility of the person testifying about the statement and any apparent motive such person may have to falsify or distort the event including bias, corruption, or coercion;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"9":{"id":240796,"text":"Any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"10":{"id":240797,"text":"The timing of the child’s statement;","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"11":{"id":240798,"text":"Whether more than one person heard the statement;","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"D7"},"12":{"id":240799,"text":"Whether the child was suffering pain or distress when making the statement;","type":"section","prefixes":["D","7"],"prefix":"7","entire_prefix":"D7","prefix_anchor":"D7","level":2,"prior_prefix":"D6","next_prefix":"D8"},"13":{"id":240800,"text":"Whether the child’s age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child’s knowledge and experience;","type":"section","prefixes":["D","8"],"prefix":"8","entire_prefix":"D8","prefix_anchor":"D8","level":2,"prior_prefix":"D7","next_prefix":"D9"},"14":{"id":240801,"text":"Whether the statement has internal consistency or coherence, and uses terminology appropriate to the child’s age;","type":"section","prefixes":["D","9"],"prefix":"9","entire_prefix":"D9","prefix_anchor":"D9","level":2,"prior_prefix":"D8","next_prefix":"D10"},"15":{"id":240802,"text":"Whether the statement is spontaneous or directly responsive to questions;","type":"section","prefixes":["D","10"],"prefix":"10","entire_prefix":"D10","prefix_anchor":"D10","level":2,"prior_prefix":"D9","next_prefix":"D11"},"16":{"id":240803,"text":"Whether the statement is responsive to suggestive or leading questions; and","type":"section","prefixes":["D","11"],"prefix":"11","entire_prefix":"D11","prefix_anchor":"D11","level":2,"prior_prefix":"D10","next_prefix":"D12"},"17":{"id":240804,"text":"Whether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the child’s statement.","type":"section","prefixes":["D","12"],"prefix":"12","entire_prefix":"D12","prefix_anchor":"D12","level":2,"prior_prefix":"D11","next_prefix":"E"},"18":{"id":240805,"text":"The court shall support with findings on the record, or with written findings in a court not of record, any rulings pertaining to the child’s unavailability and the trustworthiness and reliability of the out-of-court statement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D12"}},"ancestry":[{"id":15044,"edition_id":1,"name":"Procedures","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13898,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":271785,"object_type":"structure","relational_id":15044,"identifier":"4","token":"63.2\/III\/15\/4","url":"\/63.2\/III\/15\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13898,"edition_id":1,"name":"Child Abuse and Neglect","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271709,"object_type":"structure","relational_id":13898,"identifier":"15","token":"63.2\/III\/15","url":"\/63.2\/III\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57461,"structure_id":15044,"section_number":"63.2-1516","catch_line":"Tape recording child abuse investigations","url":"\/63.2-1516\/","token":"63.2\/III\/15\/4\/63.2-1516","metadata":false},{"id":81554,"structure_id":15044,"section_number":"63.2-1516.01","catch_line":"Investigation procedures involving person who is the subject of complaint","url":"\/63.2-1516.01\/","token":"63.2\/III\/15\/4\/63.2-1516.01","metadata":false},{"id":57358,"structure_id":15044,"section_number":"63.2-1516.1","catch_line":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","url":"\/63.2-1516.1\/","token":"63.2\/III\/15\/4\/63.2-1516.1","metadata":false},{"id":61486,"structure_id":15044,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","url":"\/63.2-1517\/","token":"63.2\/III\/15\/4\/63.2-1517","metadata":false},{"id":83353,"structure_id":15044,"section_number":"63.2-1518","catch_line":"Authority to talk to child or sibling","url":"\/63.2-1518\/","token":"63.2\/III\/15\/4\/63.2-1518","metadata":false},{"id":62663,"structure_id":15044,"section_number":"63.2-1519","catch_line":"Physician-patient and spousal privileges inapplicable","url":"\/63.2-1519\/","token":"63.2\/III\/15\/4\/63.2-1519","metadata":false},{"id":78492,"structure_id":15044,"section_number":"63.2-1520","catch_line":"Photographs and X-rays of child; use as evidence","url":"\/63.2-1520\/","token":"63.2\/III\/15\/4\/63.2-1520","metadata":false},{"id":81084,"structure_id":15044,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","url":"\/63.2-1521\/","token":"63.2\/III\/15\/4\/63.2-1521","metadata":false},{"id":66316,"structure_id":15044,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","url":"\/63.2-1522\/","token":"63.2\/III\/15\/4\/63.2-1522","metadata":false},{"id":58382,"structure_id":15044,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","url":"\/63.2-1523\/","token":"63.2\/III\/15\/4\/63.2-1523","metadata":false},{"id":73120,"structure_id":15044,"section_number":"63.2-1524","catch_line":"Court may order certain examinations","url":"\/63.2-1524\/","token":"63.2\/III\/15\/4\/63.2-1524","metadata":false},{"id":83345,"structure_id":15044,"section_number":"63.2-1525","catch_line":"Prima facie evidence for removal of child custody","url":"\/63.2-1525\/","token":"63.2\/III\/15\/4\/63.2-1525","metadata":false},{"id":79084,"structure_id":15044,"section_number":"63.2-1526","catch_line":"Appeals of certain actions of local departments","url":"\/63.2-1526\/","token":"63.2\/III\/15\/4\/63.2-1526","metadata":false}],"previous_section":{"id":81084,"structure_id":15044,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","url":"\/63.2-1521\/","token":"63.2\/III\/15\/4\/63.2-1521","metadata":false},"next_section":{"id":58382,"structure_id":15044,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","url":"\/63.2-1523\/","token":"63.2\/III\/15\/4\/63.2-1523","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1522\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 892 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 2 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 2002, chapter 747<\/a>; in 2019, chapter 413<\/a>.<\/p>","references":false,"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":59975,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","order_by":null,"url":"\/20-107.2\/"}],"permalink":{"id":271819,"object_type":"law","relational_id":66316,"identifier":"63.2-1522","token":"63.2\/III\/15\/4\/63.2-1522","url":"\/63.2-1522\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1522\/","token":"63.2\/III\/15\/4\/63.2-1522","dublin_core":{"Title":"Admission of evidence of sexual acts with children","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1522","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any civil proceeding involving alleged abuse or neglect of a child<\/span> pursuant to this chapter or pursuant to § 16.1-241<\/a>, 16.1-251<\/a>, 16.1-252<\/a>, 16.1-253<\/a>, 16.1-283<\/a>, or 20-107.2<\/a>, an out-of-court<\/span> statement made by a child<\/span> 14 years of age or younger at the time the statement is offered into evidence<\/span>, describing any act of a sexual nature performed with or on the child<\/span> by another, not otherwise admissible<\/span> by statute<\/span> or rule, may be admissible<\/span> in evidence<\/span> if the requirements of subsection B are met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An out-of-court<\/span> statement may be admitted into evidence<\/span> as provided in subsection A if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child<\/span> testifies at the proceeding, or testifies by means of a videotaped deposition<\/span> or closed-circuit<\/span> television, and at the time of such testimony<\/span> is subject to cross-examination concerning the out-of-court<\/span> statement or the child<\/span> is found by the court<\/span> to be unavailable to testify on any of these grounds:\n\t\t\t\ta. The child<\/span>’s death;\n\t\t\t\tb. The child<\/span>’s absence from the jurisdiction<\/span>, provided such absence is not for the purpose of preventing the availability of the child<\/span> to testify;\n\t\t\t\tc. The child<\/span>’s total failure of memory;\n\t\t\t\td. The child<\/span>’s physical or mental disability;\n\t\t\t\te. The existence of a privilege<\/span> involving the child<\/span>;\n\t\t\t\tf. The child<\/span>’s incompetency, including the child<\/span>’s inability to communicate about the offense<\/span> because of fear or a similar reason; and\n\t\t\t\tg. The substantial likelihood, based upon expert opinion<\/span> testimony<\/span>, that the child<\/span> would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition<\/span> or closed-circuit<\/span> television. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child<\/span>’s out-of-court<\/span> statement is shown to possess particularized guarantees of trustworthiness and reliability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A statement may not be admitted under this section unless the proponent of the statement notifies the adverse party<\/span> of his intention to offer the statement and the substance of the statement sufficiently in advance of the proceedings to provide the adverse party<\/span> with a reasonable opportunity to prepare to meet the statement, including the opportunity to subpoena<\/span> witnesses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In determining whether a statement possesses particularized guarantees of trustworthiness and reliability under subdivision B 2, the court<\/span> shall consider, but is not limited to, the following factors: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child<\/span>’s personal knowledge of the event; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The age and maturity of the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Certainty that the statement was made, including the credibility of the person testifying about the statement and any apparent motive such person may have to falsify or distort the event including bias, corruption, or coercion; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any apparent motive the child<\/span> may have to falsify or distort the event, including bias, corruption, or coercion; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The timing of the child<\/span>’s statement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Whether more than one person heard the statement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Whether the child<\/span> was suffering pain or distress when making the statement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Whether the child<\/span>’s age makes it unlikely that the child<\/span> fabricated a statement that represents a graphic, detailed account beyond the child<\/span>’s knowledge and experience; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Whether the statement has internal consistency or coherence, and uses terminology appropriate to the child<\/span>’s age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Whether the statement is spontaneous or directly responsive to questions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Whether the statement is responsive to suggestive or leading questions<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Whether extrinsic evidence<\/span> exists to show the defendant<\/span>’s opportunity to commit the act complained of in the child<\/span>’s statement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> shall support with findings<\/span> on the record, or with written findings<\/span> in a court<\/span> not of record, any rulings pertaining to the child<\/span>’s unavailability and the trustworthiness and reliability of the out-of-court<\/span> statement. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSION OF EVIDENCE OF SEXUAL ACTS WITH CHILDREN (\u00a7 63.2-1522)\n\nA. In any civil proceeding involving alleged abuse or neglect of a child\npursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252,\n16.1-253, 16.1-283, or 20-107.2, an out-of-court statement made by a child 14\nyears of age or younger at the time the statement is offered into evidence,\ndescribing any act of a sexual nature performed with or on the child by another,\nnot otherwise admissible by statute or rule, may be admissible in evidence if\nthe requirements of subsection B are met.\n\nB. An out-of-court statement may be admitted into evidence as provided in\nsubsection A if:\n\n 1. The child testifies at the proceeding, or testifies by means of a\n videotaped deposition or closed-circuit television, and at the time of such\n testimony is subject to cross-examination concerning the out-of-court\n statement or the child is found by the court to be unavailable to testify on\n any of these grounds:\n \t\t\t\ta. The child’s death;\n \t\t\t\tb. The child’s absence from the jurisdiction, provided such absence\n is not for the purpose of preventing the availability of the child to testify;\n \t\t\t\tc. The child’s total failure of memory;\n \t\t\t\td. The child’s physical or mental disability;\n \t\t\t\te. The existence of a privilege involving the child;\n \t\t\t\tf. The child’s incompetency, including the child’s inability\n to communicate about the offense because of fear or a similar reason; and\n \t\t\t\tg. The substantial likelihood, based upon expert opinion testimony, that\n the child would suffer severe emotional trauma from testifying at the\n proceeding or by means of a videotaped deposition or closed-circuit\n television.\n\n 2. The child’s out-of-court statement is shown to possess particularized\n guarantees of trustworthiness and reliability.\n\nC. A statement may not be admitted under this section unless the proponent of\nthe statement notifies the adverse party of his intention to offer the statement\nand the substance of the statement sufficiently in advance of the proceedings to\nprovide the adverse party with a reasonable opportunity to prepare to meet the\nstatement, including the opportunity to subpoena witnesses.\n\nD. In determining whether a statement possesses particularized guarantees of\ntrustworthiness and reliability under subdivision B 2, the court shall consider,\nbut is not limited to, the following factors:\n\n 1. The child’s personal knowledge of the event;\n\n 2. The age and maturity of the child;\n\n 3. Certainty that the statement was made, including the credibility of the\n person testifying about the statement and any apparent motive such person may\n have to falsify or distort the event including bias, corruption, or coercion;\n\n 4. Any apparent motive the child may have to falsify or distort the event,\n including bias, corruption, or coercion;\n\n 5. The timing of the child’s statement;\n\n 6. Whether more than one person heard the statement;\n\n 7. Whether the child was suffering pain or distress when making the statement;\n\n 8. Whether the child’s age makes it unlikely that the child fabricated a\n statement that represents a graphic, detailed account beyond the child’s\n knowledge and experience;\n\n 9. Whether the statement has internal consistency or coherence, and uses\n terminology appropriate to the child’s age;\n\n 10. Whether the statement is spontaneous or directly responsive to questions;\n\n 11. Whether the statement is responsive to suggestive or leading questions;\n and\n\n 12. Whether extrinsic evidence exists to show the defendant’s\n opportunity to commit the act complained of in the child’s statement.\n\nE. The court shall support with findings on the record, or with written findings\nin a court not of record, any rulings pertaining to the child’s\nunavailability and the trustworthiness and reliability of the out-of-court\nstatement.\n\nHISTORY: 1988, c. 892, \u00a7 63.1-248.13:2; 2002, c. 747; 2019, c. 413.","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}}