46-15-320. Interview of child under age 16. (1) A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, or 45-5-625, or an immediate family member of the child who is also under the age of 16, except by an order of the court upon a motion showing that the defendant has exceptional circumstances that necessitate interviewing the child victim.
(2) Upon a motion under subsection (1), the court may, in its discretion, order an interview. If the court orders an interview, the court shall list the reasons for and scope of the interview and, if requested, provide any reasonable accommodations for the child victim for the interview.
History: En. Sec. 1, Ch. 387, L. 2019.
Structure Montana Code Annotated
Chapter 15. Production of Evidence
Part 3. Discovery -- Immunity for Witnesses
46-15-304. through 46-15-310 reserved
46-15-311. Renumbered 46-15-331
46-15-312. Renumbered 46-15-332
46-15-313. through 46-15-319 reserved
46-15-320. Interview of child under age 16
46-15-322. Disclosure by prosecution
46-15-323. Disclosure by defendant
46-15-324. Materials not subject to disclosure
46-15-325. Failure to call a witness or raise a defense
46-15-327. Continuing duty to disclose
46-15-328. Excision and protective orders
46-15-330. Investigation not to be impeded
46-15-331. Compelling testimony or production of evidence -- immunity