Is a statement made by a minor under the age of 12 admissible in a criminal prosecution where the victim is a minor?

California, United States of America


The following excerpt is from People v. Molina, B250737 (Cal. App. 2014):

11. Evidence Code section 1360 provides, in pertinent part: "(a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply: [] (1) The statement is not otherwise admissible by statute or court rule. [] (2) The court finds, in a hearing conducted outside the presence of the jury, that the time, content and circumstances of the statement provide sufficient indicia of reliability. [] (3) The child either: [] (A) Testifies at the proceedings. [] (B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. [] (b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement."

12. Pitchess v. Superior Court (1974) 11 Cal.3d 531, 537-538 (Pitchess).

13. Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

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