Okla. Stat. tit. 12, § 12-2803.1

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

Oklahoma Statutes - Title 12. Civil Procedure Page 483

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
subsection B of Section 2804 of this title are satisfied; or if

the child, incapacitated person, or vulnerable adult does not

Oklahoma Statutes - Title 12. Civil Procedure Page 483

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.