{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1523.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1523.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1523.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1523.html"}],"law_id":58382,"edition_id":1,"section_id":58382,"structure_id":15044,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","history":"1988, c. 900, \u00a7 63.1-248.13:3; 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 \u00a7 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-283, or 20-107.2, a recording of a statement of the alleged victim of the offense, made prior to the proceeding, may be admissible as evidence if the requirements of subsection B are met and the court determines that:1\n\nThe alleged victim is 14 years of age or younger at the time the statement is offered into evidence;2\n\nThe recording is both visual and oral, and every person appearing in, and every voice recorded on, the tape is identified;3\n\nThe recording is on videotape or was recorded by other electronic means capable of making an accurate recording;4\n\nThe recording has not been altered;5\n\nNo attorney for any party to the proceeding was present when the statement was made;6\n\nThe person conducting the interview of the alleged victim was authorized to do so by the child-protective services coordinator of the local department;7\n\nAll persons present at the time the statement was taken, including the alleged victim, are present and available to testify or be cross examined at the proceeding when the recording is offered; and8\n\nThe parties or their attorneys were provided with a list of all persons present at the recording and were afforded an opportunity to view the recording at least 10 days prior to the scheduled proceedings.B\n\nA recorded 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 closed-circuit television, and at the time of such testimony is subject to cross-examination concerning the recorded 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;\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 closed-circuit television; and2\n\nThe child’s recorded statement is shown to possess particularized guarantees of trustworthiness and reliability.C\n\nA recorded 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 recorded 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\nAny apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;4\n\nThe timing of the child’s statement;5\n\nWhether the child was suffering pain or distress when making the statement;6\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;7\n\nWhether the statement has a “ring of verity,” has internal consistency or coherence, and uses terminology appropriate to the child’s age;8\n\nWhether the statement is spontaneous or directly responsive to questions;9\n\nWhether the statement is responsive to suggestive or leading questions; and10\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 recorded statement.","order_by":null,"text":{"0":{"id":213789,"text":"In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to \u00a7 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-283, or 20-107.2, a recording of a statement of the alleged victim of the offense, made prior to the proceeding, may be admissible as evidence if the requirements of subsection B are met and the court determines that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":213790,"text":"The alleged victim is 14 years of age or younger at the time the statement is offered into evidence;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":213791,"text":"The recording is both visual and oral, and every person appearing in, and every voice recorded on, the tape is identified;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":213792,"text":"The recording is on videotape or was recorded by other electronic means capable of making an accurate recording;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":213793,"text":"The recording has not been altered;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":213794,"text":"No attorney for any party to the proceeding was present when the statement was made;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":213795,"text":"The person conducting the interview of the alleged victim was authorized to do so by the child-protective services coordinator of the local department;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":213796,"text":"All persons present at the time the statement was taken, including the alleged victim, are present and available to testify or be cross examined at the proceeding when the recording is offered; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":213797,"text":"The parties or their attorneys were provided with a list of all persons present at the recording and were afforded an opportunity to view the recording at least 10 days prior to the scheduled proceedings.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":213798,"text":"A recorded 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":"A8","next_prefix":"B1"},"10":{"id":213799,"text":"The child testifies at the proceeding, or testifies by means of closed-circuit television, and at the time of such testimony is subject to cross-examination concerning the recorded 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;\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 closed-circuit television; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"11":{"id":213800,"text":"The child’s recorded 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"},"12":{"id":213801,"text":"A recorded 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"},"13":{"id":213802,"text":"In determining whether a recorded 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"},"14":{"id":213803,"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"},"15":{"id":213804,"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"},"16":{"id":213805,"text":"Any apparent motive the child 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"},"17":{"id":213806,"text":"The timing of the child’s statement;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"18":{"id":213807,"text":"Whether the child was suffering pain or distress when making the statement;","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"19":{"id":213808,"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","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"D7"},"20":{"id":213809,"text":"Whether the statement has a “ring of verity,” has internal consistency or coherence, and uses terminology appropriate to the child’s age;","type":"section","prefixes":["D","7"],"prefix":"7","entire_prefix":"D7","prefix_anchor":"D7","level":2,"prior_prefix":"D6","next_prefix":"D8"},"21":{"id":213810,"text":"Whether the statement is spontaneous or directly responsive to questions;","type":"section","prefixes":["D","8"],"prefix":"8","entire_prefix":"D8","prefix_anchor":"D8","level":2,"prior_prefix":"D7","next_prefix":"D9"},"22":{"id":213811,"text":"Whether the statement is responsive to suggestive or leading questions; and","type":"section","prefixes":["D","9"],"prefix":"9","entire_prefix":"D9","prefix_anchor":"D9","level":2,"prior_prefix":"D8","next_prefix":"D10"},"23":{"id":213812,"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","10"],"prefix":"10","entire_prefix":"D10","prefix_anchor":"D10","level":2,"prior_prefix":"D9","next_prefix":"E"},"24":{"id":213813,"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 recorded statement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D10"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1523\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 900 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":271823,"object_type":"law","relational_id":58382,"identifier":"63.2-1523","token":"63.2\/III\/15\/4\/63.2-1523","url":"\/63.2-1523\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1523\/","token":"63.2\/III\/15\/4\/63.2-1523","dublin_core":{"Title":"Use of videotaped statements of complaining witnesses as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1523","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 \u00a7 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>, a recording of a statement of the alleged victim of the offense<\/span>, made prior to the proceeding, may be admissible<\/span> as evidence<\/span> if the requirements of subsection B are met and the court<\/span> determines that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The alleged victim is 14 years of age or younger at the time the statement is offered into evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The recording is both visual and oral, and every person appearing in, and every voice recorded on, the tape is identified; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The recording is on videotape or was recorded by other electronic means capable of making an accurate recording; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The recording has not been altered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> No attorney for any party<\/span> to the proceeding was present when the statement was made; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The person conducting the interview of the alleged victim was authorized to do so by the child<\/span>-protective services<\/span> coordinator of the local department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> All persons present at the time the statement was taken, including the alleged victim, are present and available to testify or be cross examined at the proceeding when the recording is offered; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The parties or their attorneys were provided with a list of all persons present at the recording and were afforded an opportunity to view the recording at least 10 days prior to the scheduled proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A recorded 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 closed-circuit<\/span> television, and at the time of such testimony<\/span> is subject to cross-examination concerning the recorded 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;\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 closed-circuit<\/span> television; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child<\/span>’s recorded 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 recorded 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 recorded 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> 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

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

5.<\/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

6.<\/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

7.<\/span> Whether the statement has a “ring of verity,” 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

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

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

10.<\/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 recorded statement. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF VIDEOTAPED STATEMENTS OF COMPLAINING WITNESSES AS EVIDENCE (\u00a7 63.2-1523)\n\nA. In any civil proceeding involving alleged abuse or neglect of a child\npursuant to this chapter or pursuant to \u00a7 16.1-241, 16.1-251, 16.1-252,\n16.1-253, 16.1-283, or 20-107.2, a recording of a statement of the alleged\nvictim of the offense, made prior to the proceeding, may be admissible as\nevidence if the requirements of subsection B are met and the court determines\nthat:\n\n 1. The alleged victim is 14 years of age or younger at the time the statement\n is offered into evidence;\n\n 2. The recording is both visual and oral, and every person appearing in, and\n every voice recorded on, the tape is identified;\n\n 3. The recording is on videotape or was recorded by other electronic means\n capable of making an accurate recording;\n\n 4. The recording has not been altered;\n\n 5. No attorney for any party to the proceeding was present when the statement\n was made;\n\n 6. The person conducting the interview of the alleged victim was authorized to\n do so by the child-protective services coordinator of the local department;\n\n 7. All persons present at the time the statement was taken, including the\n alleged victim, are present and available to testify or be cross examined at\n the proceeding when the recording is offered; and\n\n 8. The parties or their attorneys were provided with a list of all persons\n present at the recording and were afforded an opportunity to view the\n recording at least 10 days prior to the scheduled proceedings.\n\nB. A recorded statement may be admitted into evidence as provided in subsection\nA if:\n\n 1. The child testifies at the proceeding, or testifies by means of\n closed-circuit television, and at the time of such testimony is subject to\n cross-examination concerning the recorded statement or the child is found by\n 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\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;\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 closed-circuit television; and\n\n 2. The child’s recorded statement is shown to possess particularized\n guarantees of trustworthiness and reliability.\n\nC. A recorded statement may not be admitted under this section unless the\nproponent of the statement notifies the adverse party of his intention to offer\nthe statement and the substance of the statement sufficiently in advance of the\nproceedings to provide the adverse party with a reasonable opportunity to\nprepare to meet the statement, including the opportunity to subpoena witnesses.\n\nD. In determining whether a recorded statement possesses particularized\nguarantees of trustworthiness and reliability under subdivision B 2, the court\nshall consider, but 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. Any apparent motive the child may have to falsify or distort the event,\n including bias, corruption, or coercion;\n\n 4. The timing of the child’s statement;\n\n 5. Whether the child was suffering pain or distress when making the statement;\n\n 6. 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 7. Whether the statement has a “ring of verity,” has internal\n consistency or coherence, and uses terminology appropriate to the\n child’s age;\n\n 8. Whether the statement is spontaneous or directly responsive to questions;\n\n 9. Whether the statement is responsive to suggestive or leading questions; and\n\n 10. 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 recorded\nstatement.\n\nHISTORY: 1988, c. 900, \u00a7 63.1-248.13:3; 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}}