id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2618	Been, Jeffrey A.; Broyles, Nancy L.	Evidence	1985	22	.pdf	application/pdf	10391	481	59	(4) Confinement (IC 35-42-3-3). (b) A statement that: (1) is made by a child who was under ten (10) years of age at the time of the statement; (2) concerns an act that is a material element of an offense listed in subsection (a) that was allegedly committed against the child; and (3) is not otherwise admissible in evidence under statute or court rule; is admissible in evidence in a criminal action for an offense listed in subsection (a) if the requirements of subsection (c) are met. (c) A statement described in subsection (b) is admissible in evidence in a criminal action listed in subsection (a) if, after notice to the defendant of a hearing and of his right to be present: (1) the court finds, in a hearing: (A) conducted outside the presence of the jury (B) attended by the child; that the time, content, and circumstances of the statement provide sufficient indications of reliability; and (2) the child: (A) testifies at the trial; or (B) is found by the court to be unavailable as a witness because: (i) a psychiatrist has certified that the child's participation in 1985] SURVEY—EVIDENCE 247 of a prior statement, not otherwise admissible under court rule or statute, by a child under the age of ten at the time of the statement.	cache/inlawrev-2618.pdf	txt/inlawrev-2618.txt