Mississippi Code

Miss. Code Ann. § 13-1-403 (2026)

Admissibility of child's out-of-court statements

✓ current as of July 2026

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(1) An out-of-court statement made by a child under the age of twelve (12) describing any act of child abuse, sexual abuse or any other offense involving an unlawful sexual act, contact, intrusion or penetration performed in the presence of, with, by or on the declarant child, not otherwise admissible, is admissible in evidence to prove the contents thereof, if:
- (a) Such statement is made for the purpose of receiving assistance or advice in order to prevent or mitigate the recurrence of the offenses, or in order to obtain advice about the psychological, social or familial consequences associated with the offenses; and
- (b) Such statement is made to a person on whom the child should reasonably be able to rely for assistance, counseling or advice; and
- (c) The child either:
  - (i) Is available to testify; or
  - (ii) Is unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. A finding of unavailability, except in those situations specified by Rule 804 of the Mississippi Rules of Evidence, shall require a finding by the court, based on the specific behavioral indicators described in Section 13-1-411, that the child's participation in the trial would result in a substantial likelihood of traumatic emotional or mental distress; and
- (d) The court finds in a hearing conducted outside the presence of the jury that the time, content and circumstances of the statement provide sufficient guarantees of trustworthiness. In determining the trustworthiness of the statement, the court may consider the age and maturity of the child, the nature and duration of the abuse or offense alleged, factors which may detract from the declarant's credibility, information provided about the child's reliability based on the specific behavioral indicators described in Section 13-1-411, or any other factor deemed appropriate.

(2) The defendant shall be notified no later than ten (10) days before trial that an out-of-court statement as described in this section shall be offered in evidence at trial. The notice shall include a written statement of the content of the child's statement, the time the statement was made, the circumstances surrounding the statement which indicate its reliability and such other particulars as necessary to provide full disclosure of the statement.

(3) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.

Laws, 1986, ch. 345, § 2, eff. 7/1/1986.

Notes of Decisions

Cited in 10 cases, 1988–2013 · leading case: Gerald P. VanPatten v. State of Indiana, 986 N.E.2d 255 (Ind. 2013).

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Gerald P. VanPatten v. State of Indiana, 986 N.E.2d 255 (Ind. 2013). · cites it 8× “02 (3) (2010); Miss. Code Ann. § 13-1-403 (2012); Mo. Rev.”

In Interest of CB, 574 So. 2d 1369 (Miss. 1990). · cites it 8× “803 exceptions and we have held that the legislative enactment on the admissibility of a child's out of court statements, Miss. Code Ann. § 13-1-403 , (1972), was beyond the power of the legislature to adopt under the doctrine of the separation of powers.”

Hall v. State, 539 So. 2d 1338 (Miss. 1989). · cites it 3× “Miss. Code Ann. § 13-1-403 (1)(c)(ii) (Supp.”

Baine v. State, 606 So. 2d 1076 (Miss. 1992). · cites it 2× “The court ruled that the child victim's out-of-court statements, "basically the ones that have been disclosed to the defense and made under the statutory requirements," ( Miss. Code Ann. § 13-1-403 (1972) would be admissible.”

Leatherwood v. State, 548 So. 2d 389 (Miss. 1989). “Miss. Code Ann. § 13-1-403 of that Act provides: § 13-1-403.”

Hosford v. State, 525 So. 2d 789 (Miss. 1988). “NOTES [1] We are not unmindful of the enactment of Miss. Code Ann. § 13-1-403 , et seq. Whether these statutes constitute an invasion of this Court's rule-making power is a question yet to be addressed.”

Veasley v. State, 735 So. 2d 432 (Miss. 1999). “See Miss.Code Ann. § 13-1-403 (declared constitutionally defective in Hall v.”

Hayes v. State, 803 So. 2d 473 (Miss. Ct. App. 2001). “See Miss.Code Ann. § 13-1-403 (declared constitutionally defective in Hall v.”

Herman Veasley v. State of Mississippi (Miss. 1995). · cites it 2× “See Miss. Code Ann 13-1-403(1) (1972). The Mississippi Supreme Court, in the case of Hall v.”

Herman Veasley v. State of Mississippi (Miss. 1995). “See Miss. Code Ann. § 13-1-403 (declared constitutionally defective in Hall v.”

— Miss. Code Ann. § 13-1-403(1) — 1 case

Herman Veasley v. State of Mississippi (Miss. 1995). “See Miss. Code Ann 13-1-403(1) (1972). The Mississippi Supreme Court, in the case of Hall v.”

— Miss. Code Ann. § 13-1-403(1)(1972) — 1 case

Herman Veasley v. State of Mississippi (Miss. 1995). “See Miss. Code Ann 13-1-403(1) (1972). The Mississippi Supreme Court, in the case of Hall v.”

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