SUBCHAPTER D
CHILD VICTIMS AND WITNESSES
Sec.
5981. Declaration of policy.
5982. Definitions.
5983. Rights and services.
5984. Videotaped depositions (Repealed).
5984.1. Recorded testimony.
5985. Testimony by contemporaneous alternative method.
5985.1. Admissibility of certain statements.
5986. Hearsay.
5987. Use of dolls.
5988. Victims of sexual or physical abuse.
Enactment. Subchapter D was added February 21, 1986, P.L.41, No.14, effective in 60 days.
Cross References. Subchapter D is referred to in section 6381 of Title 23 (Domestic Relations).
§ 5981. Declaration of policy.
In order to promote the best interests of the residents of this Commonwealth who are
under 18 years of age, especially those who are material witnesses to or victims of
crimes, the General Assembly declares its intent, in this subchapter, to provide,
where necessity is shown, procedures which will protect them during their involvement
with the criminal justice system. The General Assembly urges the news media to use
significant restraint and caution in revealing the identity or address of children
who are victims of or witnesses to crimes or other information that would reveal the
name or address of the child victim or witness.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff.
60 days; July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109,
eff. 60 days)
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1988–2024 · leading case:
Commonwealth v. Strafford, 194 A.3d 168 (Pa. Super. Ct. 2018).
Commonwealth v. Strafford, 194 A.3d 168 (Pa. Super. Ct. 2018).
“See 42 Pa.C.S. § 5981 (declaring the General Assembly's intent to provide special procedures as necessary in order to protect and to promote the best interests of victims and material witnesses of this Commonwealth who are under 18 years of age during their involvement with the…”
Commonwealth v. Ludwig, 594 A.2d 281 (Pa. 1991).
· cites it 2× “I wholeheartedly agree with the legislature that it is a matter of important public policy for the state, as parens patriae, to protect such children who, due to their youth, labor under a disability when called upon to testify regarding sexual abuse. I regard this policy to be…”
Commonwealth v. Smith, 567 A.2d 1080 (Pa. 1989).
· cites it 2× “In its Declaration of Policy, 42 Pa.C.S. § 5981, the legislature states: In order to promote the best interests of the children of this Commonwealth and in recognition of the necessity of affording to children who are material witnesses to or victims of crimes additional…”
Com. v. Lamont, C., 308 A.3d 304 (Pa. Super. Ct. 2024).
“See 42 Pa.C.S. § 5981 (declaring the General Assembly’s intent to provide special procedures as necessary [] to protect [the child victim] and to promote the best interests of victims and material witnesses of this Commonwealth who are under 18 years of age during their…”
Commonwealth v. Williams, 84 A.3d 680 (Pa. 2014).
“42 Pa.C.S. § 5981. While requiring that the court find “necessity” in order to allow a child to testify via contemporaneous alternative method, the statute does not sanction a broad and searching inquiry into all aspects of the child’s mental health, psychological or therapeutic…”
Com. v. Hudson-Greenly, J.S., 247 A.3d 21 (Pa. Super. Ct. 2021).
“As this Court has stated: Insofar as Appellant suggests that a child victim must essentially break down in [the trial court’s] presence before permitting testimony by contemporaneous alternative method, we need not belabor the absurdity of this proposition given our…”
L.W.B. v. Sosnowski, 543 A.2d 1241 (Pa. Commw. Ct. 1988).
“” 42 Pa. C. S. §5981. In criminal prosecutions, these sections expressly authorize the evidence of a child victim or a child material witness to be presented by videotape deposition, with right of cross-examinastion therein preserved; where the court orders such a deposition,…”
North-Cent. Pennsylvania Trial Lawyers Ass'n ex rel. Humphrey v. Weaver, 827 A.2d 550 (Pa. Commw. Ct. 2003).
“” On third consideration in the House, on' October 7, 2002, SB 138 was further amended to add language to Section 5981, 42 Pa.C.S. § 5981, directing the media to use significant restraint and caution in revealing information that would disclose the names or addresses of child…”
In the Interest of Tina K., 568 A.2d 210 (Pa. 1989).
“42 Pa.C.S. § 5981. The legislators of Pennsylvania, our ever esteemed partners in government, have always been most sensitive when *102 weighing human laws and constitutional protections.”
North-cent. Penn. Trial Lawyers Assoc. v. Weaver, 827 A.2d 550 (Pa. Commw. Ct. 2003).
“" On third consideration in the House, on October 7, 2002, SB 138 was further amended to add language to Section 5981, 42 Pa.C.S. § 5981, directing the media to use significant restraint and caution in revealing information that would disclose the names or addresses of child…”
Com. v. Patel, M. (Pa. Super. Ct. 2024).
“See 42 Pa.C.S. § 5981 (declaring the General Assembly’s intent to provide special procedures as necessary [ ] to protect [the child victim] and to promote the best interests of victims and material witnesses of ____________________________________________ 3 We note that “[f]ew…”
Commonwealth v. Davis, 3 Pa. D. & C.4th 468 (1989).
“In his brief defendant also implies that this court relied on the Pennsylvania statute (42 Pa.C.S. §5981) which provides for closed-circuit testimony by child witnesses for “good cause shown.”
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.