Oklahoma Statutes

Okla. Stat. tit. 12, § 2803.1 (2026)

Statements of children not having attained 16 years,

✓ current as of July 2026

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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

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. Added by Laws 1984, c. 8, § 1, emerg. eff. March 12, 1984. Amended by Laws 1986, c. 87, § 1, operative July 1, 1986; Laws 1990, c. 224, § 8, eff. Sept. 1, 1990; Laws 1992, c. 301, § 2, eff. Sept. 1, 1992; Laws 1993, c. 197, § 3, eff. Sept. 1, 1993; Laws 1998, c. 24, § 1, emerg. eff. April 1, 1998; Laws 2000, c. 340, § 22, eff. July 1, 2000; Laws 2004, c. 445, § 2, emerg. eff. June 4, 2004; Laws 2013, c. 42, § 1, eff. Nov. 1, 2013; Laws 2023, c. 216, § 1, eff. Nov. 1,

2023; Laws 2024, c. 104, § 1, eff. Nov. 1, 2024; Laws 2025, c. 207, § 1, eff. Nov. 1, 2025.

Notes of Decisions

Cited in 59 cases (11 in the last 5 years), 1987–2025 · leading case: Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994).

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Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994). · cites it 11× “Appellant in his first proposition points out a violation of the provisions of 12 O.S.Supp. 1986, § 2803.1, alleging no hearing was conducted outside the jury's presence to determine the reliability of the child's out-of-court statements.”

Huskey v. State, 1999 OK CR 3 (Okla. Crim. App. 1999). · cites it 14× “Decision ¶ 14 The Judgments and Sentences of the District Court are AFFIRMED. STRUBHAR, V.P.J., and JOHNSON, J.”

Gerald P. VanPatten v. State of Indiana, 986 N.E.2d 255 (Ind. 2013). · cites it 6× “807; Okla. Stat. tit. 12, § 2803.1 (2009); Or.”

Burke v. State, 820 P.2d 1344 (Okla. Crim. App. 1991). · cites it 8× “Section 752 may perhaps be most effectively examined in light of 12 O.S.Supp. 1990, § 2803.1. Section 2803.”

Kennedy v. State, 839 P.2d 667 (Okla. Crim. App. 1992). · cites it 8× “It appears from the record that the magistrate was utilizing 12 O.S.Supp. 1984, § 2803.1 in his determination of the testimony's reliability.”

Gordon v. State, 2019 OK CR 24 (Okla. Crim. App. 2019). · cites it 3× “He maintains this evidence was inadmissible since the State failed to provide the notice required by 12 O.S.Supp.2013, § 2803.1 and the trial court failed to hold the hearing required by that section.”

Spencer v. State, 795 P.2d 1075 (Okla. Crim. App. 1990). · cites it 7× “The Supreme Court of the State of Oklahoma has held that the notice requirement set forth under 12 O.S.Supp. 1984 § 2803.1 is to "provide the adverse party with an opportunity to prepare to answer the statement".”

Bartell v. State, 881 P.2d 92 (Okla. Crim. App. 1994). · cites it 2× “'s testimony, there was testimony properly admitted under 12 O.S.Supp. 1986, § 2803.1 from the child's grandmother, her mother and her doctor, all of which mirrored the child's testimony at trial.”

Wisdom v. State, 918 P.2d 384 (Okla. Crim. App. 1996). · cites it 2× “Further, they cannot be found to have been admissible under 12 O.S.Supp.1993, § 2803.1, which provides specifically for the admissibility of hearsay statements of children twelve years or younger describing acts of physical or sexual abuse.”

Davenport v. State, 806 P.2d 655 (Okla. Crim. App. 1991). · cites it 2× “'s statements was conducted pursuant to 12 O.S.1984, § 2803.1(A)(1). At the hearing, the trial court found that the statements contained sufficient indicia of reliability and overruled appellant's motion.”

Snowden v. State, 846 A.2d 36 (Md. Ct. Spec. App. 2004). “§ 516:25a (2003); Okla. Stat. Ann. tit. 12, § 2803.1 (2003); R.”

Revilla v. State, 2019 OK CR 30 (Okla. Crim. App. 2019). · cites it 2× “Because the witness was unavailable, he claims, her hearsay statements describing sexual abuse (her drawings and forensic interview) were insufficient to support bindover because they were not corroborated by other evidence, as required by 12 O.S.Supp.2013, § 2803.1(A)(2)(b). ¶6…”

Show all 59 citing cases →

— Okla. Stat. tit. 12, § 2803.1(A) — 3 cases

Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994). “Appellant in his first proposition points out a violation of the provisions of 12 O.S.Supp. 1986, § 2803.1, alleging no hearing was conducted outside the jury's presence to determine the reliability of the child's out-of-court statements.”

Matter of ADB, 778 P.2d 945 (Okla. Civ. App. 1989).

State v. Bates, 778 P.2d 945 (Okla. Civ. App. 1989).

— Okla. Stat. tit. 12, § 2803.1(A)(1) — 7 cases

Davenport v. State, 806 P.2d 655 (Okla. Crim. App. 1991). “'s statements was conducted pursuant to 12 O.S.1984, § 2803.1(A)(1). At the hearing, the trial court found that the statements contained sufficient indicia of reliability and overruled appellant's motion.”

State v. Frazier, 118 P.3d 224 (Okla. Civ. App. 2005).

Folks v. State, 2008 OK CR 29 (Okla. Crim. App. 2008).

F.D.W. v. State, 80 P.3d 503 (Okla. Crim. App. 2003).

Taylor v. Martin (E.D. Okla. 2020).

— Okla. Stat. tit. 12, § 2803.1(A)(2) — 1 case

Savage v. Bryant, 636 F. App'x 437 (10th Cir. 2015).

— Okla. Stat. tit. 12, § 2803.1(A)(2)(a) — 1 case

Foote v. State, 2023 OK CR 12 (Okla. Crim. App. 2023).

— Okla. Stat. tit. 12, § 2803.1(A)(2)(b) — 1 case

Revilla v. State, 2019 OK CR 30 (Okla. Crim. App. 2019). “Because the witness was unavailable, he claims, her hearsay statements describing sexual abuse (her drawings and forensic interview) were insufficient to support bindover because they were not corroborated by other evidence, as required by 12 O.S.Supp.2013, § 2803.1(A)(2)(b). ¶6…”

— Okla. Stat. tit. 12, § 2803.1(B) — 4 cases

Matter of ADB, 778 P.2d 945 (Okla. Civ. App. 1989).

State v. Bates, 778 P.2d 945 (Okla. Civ. App. 1989).

Spears v. State, 805 P.2d 681 (Okla. Crim. App. 1991).

Kurtanic v. State, 2023 OK CR 13 (Okla. Crim. App. 2023).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.