2005 Idaho Code - 19-3024 — STATEMENTS BY CHILD

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 30
                      WITNESSES IN CRIMINAL PROCEEDINGS
    19-3024.  STATEMENTS BY CHILD. Statements made by a child under the age of
ten (10) years describing any act of sexual abuse, physical abuse, or other
criminal conduct committed with or upon the child, although not otherwise
admissible by statute or court rule, are admissible in evidence after a proper
foundation has been laid in accordance with the Idaho rules of evidence in any
proceedings under the child protective act, chapter 16, title 16, Idaho Code,
or in any criminal proceedings in the courts of the state of Idaho if:
    1.  The court finds, in a hearing conducted outside the presence of the
jury that the time, content, and circumstances of the statements provide
sufficient indicia of reliability; and
    (2)  The child either:
    (a)  Testifies at the proceedings; or
    (b)  Is unavailable as a witness. A child is unavailable as a witness when
    the child is unable to be present or to testify at the hearing because of
    death or then existing physical or mental illness or infirmity. Provided,
    that when the child is unavailable as a witness, such statements may be
    admitted only if there is corroborative evidence of the act.
    Statements may not be admitted unless the proponent of the statements
notifies the adverse party of his intention to offer the statements and the
particulars of the statements sufficiently in advance of the proceedings to
provide the adverse party with a fair opportunity to prepare to meet the
statements.