(a) General rule.--
(1) An out-of-court statement made by a child victim or witness, who at the time the statement was made was 16 years of age or younger, describing any of the offenses enumerated in paragraph (2), not otherwise admissible by statute or rule of evidence, is admissible in evidence in any criminal or civil proceeding if:
(i) the court finds, in an in camera hearing, that the evidence is relevant and that the time, content and circumstances of the statement provide sufficient indicia of reliability; and
(ii) the child either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness.
(2) The following offenses under 18 Pa.C.S. (relating to crimes and offenses) shall apply to paragraph (1):
Chapter 25 (relating to criminal homicide).
Chapter 27 (relating to assault).
Chapter 29 (relating to kidnapping).
Chapter 30 (relating to human trafficking).
Chapter 31 (relating to sexual offenses).
Chapter 35 (relating to burglary and other criminal intrusion).
Chapter 37 (relating to robbery).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of children), if the offense involved sexual contact with the victim.
Section 6301(a)(1)(ii) (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of children).
Section 6318 (relating to unlawful contact with minor).
Section 6320 (relating to sexual exploitation of children).
(a.1) Emotional distress.--In order to make a finding under subsection (a)(1)(ii)(B) that the child is unavailable as a witness, the court must determine, based on evidence presented to it, that testimony by the child as a witness will result in the child suffering serious emotional distress that would substantially impair the child's ability to reasonably communicate. In making this determination, the court may do all of the following:
(1) Observe and question the child, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child in a medical or therapeutic setting.
(a.2) Counsel and confrontation.--If the court hears testimony in connection with making a finding under subsection (a)(1)(ii)(B), all of the following apply:
(1) Except as provided in paragraph (2), the defendant, the attorney for the defendant and the attorney for the Commonwealth or, in the case of a civil proceeding, the attorney for the plaintiff has the right to be present.
(2) If the court observes or questions the child, the court shall not permit the defendant to be present.
(b) Notice required.--A statement otherwise admissible under subsection (a) shall not be received into evidence unless the proponent of the statement notifies the adverse party of the proponent's intention to offer the statement and the particulars of the statement sufficiently in advance of the proceeding at which the proponent intends to offer the statement into evidence to provide the adverse party with a fair opportunity to prepare to meet the statement.
(Dec. 22, 1989, P.L.730, No.100, eff. 60 days; Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; Oct. 18, 2000, P.L.615, No.84, eff. imd.; July 15, 2004, P.L.736, No.87, eff. imd.; June 28, 2019, P.L.231, No.31, eff. 60 days; June 30, 2021, P.L.172, No.29, eff. 60 days)
2021 Amendment. Act 29 amended subsec. (a)(1) intro. par.
2019 Amendment. Act 31 amended subsecs. (a), (a.1) and (a.2).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
Section 5902 - Effect of religious beliefs
Section 5903 - Compensation and expenses of witnesses
Section 5904 - Subpoena of witnesses
Section 5911 - Competency of witnesses generally
Section 5912 - Effect of prior convictions
Section 5913 - Spouses as witnesses against each other
Section 5914 - Confidential communications between spouses
Section 5915 - Testimony by spouse in rebuttal
Section 5916 - Confidential communications to attorney
Section 5917 - Notes of evidence at former trial
Section 5918 - Examination of defendant as to other offenses
Section 5919 - Depositions in criminal matters
Section 5920 - Expert testimony in certain criminal proceedings
Section 5921 - Interest not to disqualify
Section 5922 - Disqualification by perjury
Section 5923 - Confidential communications between spouses
Section 5924 - Spouses as witnesses against each other
Section 5925 - Testimony by married person against spouse in rebuttal
Section 5926 - Testimony by spouse after attack on character or conduct
Section 5927 - Actions by spouse to recover separate property
Section 5928 - Confidential communications to attorney
Section 5929 - Physicians not to disclose information
Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc
Section 5931 - Incompetent witnesses
Section 5933 - Competency of surviving party
Section 5934 - Notes of evidence at former trial
Section 5935 - Examination of person adversely interested
Section 5936 - Medical testimony by deposition
Section 5941 - Persons who may be compelled to testify
Section 5942 - Confidential communications to news reporters
Section 5943 - Confidential communications to clergymen
Section 5944 - Confidential communications to psychiatrists or licensed psychologists
Section 5945 - Confidential communications to school personnel
Section 5945.1 - Confidential communications with sexual assault counselors.
Section 5945.2 - Confidential communications to crime stopper or similar anticrime program
Section 5945.3 - Confidential communications with human trafficking caseworkers
Section 5946 - Competency of certain witnesses where political subdivision is a party
Section 5947 - Immunity of witnesses
Section 5948 - Confidential communications to qualified professionals
Section 5949 - Confidential mediation communications and documents
Section 5950 - Confidential communications involving law enforcement officers
Section 5952 - Confidential communications to peer support members
Section 5961 - Short title of subchapter
Section 5963 - Summoning witness in this Commonwealth to testify in another state
Section 5964 - Witness from another state summoned to testify in this Commonwealth
Section 5965 - Exemption from arrest and service of process
Section 5971 - Short title of subchapter
Section 5973 - Scope of subchapter
Section 5974 - Summoning prisoner in this Commonwealth to testify in another state
Section 5976 - Terms and conditions
Section 5977 - Prisoner from another state summoned to testify in this Commonwealth
Section 5979 - Exemption from arrest and service of process
Section 5981 - Declaration of policy
Section 5983 - Rights and services
Section 5984 - Videotaped depositions (Repealed)
Section 5984.1 - Recorded testimony
Section 5985 - Testimony by contemporaneous alternative method
Section 5985.1 - Admissibility of certain statements
Section 5988 - Victims of sexual or physical abuse