46-16-226. Definitions. As used in 46-16-226 through 46-16-229, the following definitions apply:
(1) "Child witness" means an individual who is:
(a) 13 years of age or younger at the time the individual is called as a witness in a criminal proceeding involving a sexual or violent offense; or
(b) under 16 years of age at the time that the individual is called as a witness in a criminal proceeding involving a sexual or violent offense and who is an individual with a developmental disability, as defined in 53-20-102.
(2) "Sexual offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-603, or 45-5-625.
(3) "Violent offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-102, 45-5-103, 45-5-202, 45-5-206, 45-5-210, 45-5-212, 45-5-213, 45-5-215, 45-5-302, 45-5-303, 45-5-401, 45-6-103, or 45-9-132.
History: En. Sec. 1, Ch. 488, L. 2007; amd. Sec. 12, Ch. 394, L. 2017.
Structure Montana Code Annotated
Part 2. Rules of Evidence for Criminal Cases
46-16-201. Applicability of rules of evidence and civil rules
46-16-202. Evidence on trial for treason
46-16-203. Renumbered 45-5-111 and 45-5-112
46-16-204. Defendant presumed innocent -- reasonable doubt
46-16-205. through 46-16-210 reserved
46-16-211. Who are competent witnesses
46-16-212. Competency of spouses
46-16-213. Testimony of person legally accountable
46-16-217. through 46-16-219 reserved
46-16-220. Child hearsay exception -- criminal proceedings
46-16-221. Testimony of third person in cases of abuse of individual with developmental disability
46-16-223. through 46-16-225 reserved
46-16-226. Definitions
46-16-228. Hearing -- procedure -- evidence that may be received -- protection for child witness