K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3433 (2026)

✓ current as of May 2026
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22-3433.

History: L. 1985, ch. 112, § 3; L. 1986, ch. 135, § 1; L. 1986, ch. 119, § 3; Repealed, L. 2010, ch. 90, § 3; April 15.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1986–2022 · leading case: State v. Martinez, 236 P.3d 481 (Kan. 2010).
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State v. Martinez, 236 P.3d 481 (Kan. 2010). · cites it 28× “The court found the State substantially complied with K.S.A. 22-3433 by providing the defense with a copy of the video recording.”
State v. Johnson, 729 P.2d 1169 (Kan. 1986). · cites it 10× “, pursuant to K.S.A. 1985 Supp. 22-3433 and K.S.A. 1985 Supp.”
Thompson v. State, 270 P.3d 1089 (Kan. 2011). · cites it 4× “That statute provided that a recording of a statement of a child crime victim younger than 13, made before proceedings began, was admissible only if nine conditions were met. Those conditions included the child’s availability to testify live and the trial court’s determination…”
State v. Reed, 332 P.3d 172 (Kan. 2014). · cites it 2× “Specifically, defense counsel referred to K.S.A. 22-3433, governing the admission of recorded statements of victims under the age of 13, and argued the statements were hearsay because, at that time during the progression of the trial, C.”
State v. Portillo, 274 P.3d 640 (Kan. 2012). · cites it 4× “Specifically, the statute provided: *249 “(a) In any criminal proceeding in which a child less than 13 years of age is alleged to be a victim of the crime, a recording of an oral statement of the child, made before the proceeding began is admissible in evidence if: (1) The court…”
State v. Eaton, 769 P.2d 1157 (Kan. 1989). · cites it 3× “, pursuant to K.S.A. 22-3433 or, in the alternative, allowing B.”
Burke v. State, 820 P.2d 1344 (Okla. Crim. App. 1991). · cites it 2× “2d 1169 (1986), the State of Kansas presented the videotaped testimony of a sexually abused child pursuant to K.S.A. 1985 Supp. 22-3433, a statute concerning the admission of a prior videotaped statement made by a child alleged to be the victim of a crime.”
State v. Correll, 973 P.2d 197 (Kan. Ct. App. 1998). · cites it 9× “In doing so, the trial court relied on K.S.A. 22-3433. In arguing the trial court erred in admitting the taped interview of H.”
Brown v. State, 475 P.3d 689 (Kan. Ct. App. 2020). · cites it 2× “First, Brown's trial counsel failed to object to the introduction of a videotape of the alleged victim's testimony under K.S.A. 22-3433, in part because no written transcript was produced by the State.”
State v. Siard, 783 P.2d 895 (Kan. 1989). “Even under the public policy embodied in K.S.A. 22-3433 and 22-3434 for the protection of child victims of crime, the victims here would not qualify for protection.”
Goodpasture v. State (Kan. Ct. App. 2020). · cites it 20× “'s video- recorded statement to law enforcement under K.S.A. 22-3433. Some further background is necessary to understand the context of Goodpasture's argument.”
State v. Lamb, 798 P.2d 506 (Kan. Ct. App. 1990). · cites it 6× “60-460(dd) are relevant when examining K.S.A. 22-3433 and K.S.A. 22-3434 because all three statutes concern the admissibility of videotaped statements and testimony.”
Show all 13 citing cases →
— K.S.A. § 22-3433(9)(b) — 1 case
Burke v. State, 820 P.2d 1344 (Okla. Crim. App. 1991). “2d 1169 (1986), the State of Kansas presented the videotaped testimony of a sexually abused child pursuant to K.S.A. 1985 Supp. 22-3433, a statute concerning the admission of a prior videotaped statement made by a child alleged to be the victim of a crime.”
— K.S.A. § 22-3433(a) — 3 cases
State v. Martinez, 236 P.3d 481 (Kan. 2010). “The court found the State substantially complied with K.S.A. 22-3433 by providing the defense with a copy of the video recording.”
Thompson v. State, 270 P.3d 1089 (Kan. 2011). “That statute provided that a recording of a statement of a child crime victim younger than 13, made before proceedings began, was admissible only if nine conditions were met. Those conditions included the child’s availability to testify live and the trial court’s determination…”
State v. Portillo, 274 P.3d 640 (Kan. 2012). “Specifically, the statute provided: *249 “(a) In any criminal proceeding in which a child less than 13 years of age is alleged to be a victim of the crime, a recording of an oral statement of the child, made before the proceeding began is admissible in evidence if: (1) The court…”
— K.S.A. § 22-3433(a)(1)(9) — 1 case
State v. Martinez, 236 P.3d 481 (Kan. 2010). “The court found the State substantially complied with K.S.A. 22-3433 by providing the defense with a copy of the video recording.”
— K.S.A. § 22-3433(a)(5) — 1 case
Thompson v. State, 270 P.3d 1089 (Kan. 2011). “That statute provided that a recording of a statement of a child crime victim younger than 13, made before proceedings began, was admissible only if nine conditions were met. Those conditions included the child’s availability to testify live and the trial court’s determination…”
— K.S.A. § 22-3433(a)(8) — 2 cases
State v. Martinez, 236 P.3d 481 (Kan. 2010). “The court found the State substantially complied with K.S.A. 22-3433 by providing the defense with a copy of the video recording.”
Brown v. State, 475 P.3d 689 (Kan. Ct. App. 2020). “First, Brown's trial counsel failed to object to the introduction of a videotape of the alleged victim's testimony under K.S.A. 22-3433, in part because no written transcript was produced by the State.”
— K.S.A. § 22-3433(a)(9) — 1 case
Thompson v. State, 270 P.3d 1089 (Kan. 2011). “That statute provided that a recording of a statement of a child crime victim younger than 13, made before proceedings began, was admissible only if nine conditions were met. Those conditions included the child’s availability to testify live and the trial court’s determination…”
— K.S.A. § 22-3433(a)(l) — 1 case
State v. Martinez, 236 P.3d 481 (Kan. 2010). “The court found the State substantially complied with K.S.A. 22-3433 by providing the defense with a copy of the video recording.”
— K.S.A. § 22-3433(b) — 2 cases
Thompson v. State, 270 P.3d 1089 (Kan. 2011). “That statute provided that a recording of a statement of a child crime victim younger than 13, made before proceedings began, was admissible only if nine conditions were met. Those conditions included the child’s availability to testify live and the trial court’s determination…”
State v. Portillo, 274 P.3d 640 (Kan. 2012). “Specifically, the statute provided: *249 “(a) In any criminal proceeding in which a child less than 13 years of age is alleged to be a victim of the crime, a recording of an oral statement of the child, made before the proceeding began is admissible in evidence if: (1) The court…”
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