incapacitated persons, or vulnerable adults describing certain acts — Admissibility in criminal and juvenile proceedings. A. The following statements are admissible in juvenile deprived proceedings and pre-trial and post-trial criminal and juvenile delinquent proceedings including preliminary hearings, prosecutive merit hearings, and hearings on the revocation of probation or acceleration of a deferred judgment: 1. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person or vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, domestic abuse, neglect, enabling physical abuse or neglect against the child, incapacitated person, or vulnerable adult or any act of sexual contact, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed with or on the child, incapacitated person, or vulnerable adult by another, or any act or omission resulting in great bodily injury to the child, incapacitated person, or vulnerable adult; and 2. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person or vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, neglect, or enabling physical abuse or neglect against another child, incapacitated person, or vulnerable adult, any act of sexual contact with another child, incapacitated person, or vulnerable adult, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any act or omission resulting in death or great bodily injury to a human being, provided that the child, incapacitated person, or vulnerable adult witnessed the act or omission. B. The following statements are admissible in criminal and juvenile delinquent trials if the child, incapacitated person, or vulnerable adult testifies at the trial whether in person, via videoconferencing equipment, or other alternative means; if the child, incapacitated person, or vulnerable adult does not testify at the trial and is unavailable as defined by subsection A of Section 2804 of this title and the requirements for admissibility pursuant to subsection B of Section 2804 of this title are satisfied; or if the child, incapacitated person, or vulnerable adult does not testify at the trial and the court determines that the statement is nontestimonial: 1. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person or vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, domestic abuse, neglect, enabling physical abuse or neglect against the child, incapacitated person, or vulnerable adult or any act of sexual contact, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed with or on the child, incapacitated person, or vulnerable adult by another, or any act or omission resulting in great bodily injury to the child, incapacitated person, or vulnerable adult; and 2. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person or vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, neglect, or enabling physical abuse or neglect against another child, incapacitated person, or vulnerable adult, any act of sexual conduct with another child, incapacitated person, or vulnerable adult, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any act or omission resulting in death or great bodily injury to a human being, provided that the child, incapacitated person, or vulnerable adult witnessed the act or omission. C. The provisions of the Oklahoma Criminal Discovery Code, Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the disclosure and notice requirements of statements offered pursuant to this section. D. As used in this section, “disability” means a physical or mental impairment which substantially limits one or more of the major life activities of the child or the child is regarded as having such an impairment by a competent medical professional. Added by Laws 1984, c. 8, § 1, emerg. eff. March 12, 1984. Amended by Laws 1986, c. 87, § 1, operative July 1, 1986; Laws 1990, c. 224, § 8, eff. Sept. 1, 1990; Laws 1992, c. 301, § 2, eff. Sept. 1, 1992; Laws 1993, c. 197, § 3, eff. Sept. 1, 1993; Laws 1998, c. 24, § 1, emerg. eff. April 1, 1998; Laws 2000, c. 340, § 22, eff. July 1, 2000; Laws 2004, c. 445, § 2, emerg. eff. June 4, 2004; Laws 2013, c. 42, § 1, eff. Nov. 1, 2013; Laws 2023, c. 216, § 1, eff. Nov. 1, 2023; Laws 2024, c. 104, § 1, eff. Nov. 1, 2024; Laws 2025, c. 207, § 1, eff. Nov. 1, 2025.
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