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Idaho Code § 9-1802

Definitions

Known as the Uniform Child Witness Testimony by Alternative Methods Act

The act spans §§ 9–9 (8 sections).

Applied in 1 court decision — leading case State v. Farrell-Quigle (2020)

Most recently applied in State v. Farrell-Quigle (December 2020)

I.C., § 9-1802, as added by 2003, ch. 152, § 2, p. 437.

In this chapter:

(1) “Alternative method” means a method by which a child witness testifies which does not include all of the following: Having the child present in person in an open forum;

(2) Having the child testify in the presence and full view of the finder of fact and presiding officer; and

(3) Allowing all of the parties to be present, to participate and to view and be viewed by the child.

(4) “Child witness” means an individual under the age of thirteen (13) years who has been or will be called to testify in a proceeding.

(5) “Criminal proceeding” means a trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this state and a juvenile delinquency proceeding involving conduct that if engaged in by an adult would constitute a violation of the criminal law of this state.

(6) “Noncriminal proceeding” means a trial or hearing before a court or an administrative agency of this state having judicial or quasi-judicial powers, other than a criminal proceeding.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.