Tennessee Code Annotated
Tenn. Code Ann. § 24-7-117 (2026)
Audiovisually recorded testimony in child sexual abuse proceedings
✓ current as of May 2026
- (a) This section shall apply to proceedings in the prosecution of offenses defined in § 37-1-602 as "child sexual abuse" and to any civil proceeding in which child sexual abuse as defined in § 37-1-602 is an issue, and it shall apply only to the statements of a child or children under the age of thirteen (13) years of age who are victims of such abuse.
- (b) The court may, on the motion of any party, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact. Only the court, the attorneys for the parties, the defendant, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during the child's testimony. Only the attorneys or the court may question the child. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits such persons to see and hear the child during the child's testimony, but does not permit the child to see or hear them. The court shall permit the defendant to observe and hear the testimony of the child in person. The court shall also ensure that:
- (1) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means;
- (2) The recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and is not altered;
- (3) Each voice on the recording is identified; and
- (4) The attorney for the defendant is afforded an opportunity to view the recording before it is shown in the courtroom.
- (c) The court may, on the motion of either party upon showing of good cause, order that additional testimony of the child be taken, if time and circumstances permit, outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding in accordance with subsection (b). If time and circumstances do not permit such additional out of court recording, the court may order the child to testify in court. The testimony of the child shall be restricted to the matters specified by the court as the basis for granting such order.
- (d) If the court orders the testimony of a child to be taken under subsection (b) or (c), the child shall not be required to testify in court at the proceeding for which the testimony was taken, unless so ordered pursuant to subsection (c).
Acts 1985, ch. 478, § 18; 1991, ch. 273, § 29; T.C.A., § 24-7-116.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1992–2022 · leading case: State v. Scott, 33 S.W.3d 746 (Tenn. 2000).
State v. Scott, 33 S.W.3d 746 (Tenn. 2000). “In response, the State argued that Tennessee Code Annotated section 24-7-117 “is applicable to all types of DNA testing and the court is not required to conduct a pre-trial hearing concerning the admissibility of the same.”
State v. Reid, 164 S.W.3d 286 (Tenn. 2005). “Subsequently, the Tennessee Supreme Court held that pursuant to Tennessee Code Annotated section 24-7-117, mitochondrial DNA evidence met the general standards for admission of scientific or technical evidence and could be allowed as a method of proving identification without…”
State v. Begley, 956 S.W.2d 471 (Tenn. 1997). “Tenn. Code Ann. § 24-7-117 (b)(l) (Supp.1991).”
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001). “Although the statute removed the judicial determination of reliability otherwise required for scientific or novel evidence, we essentially held that the statute was a reasonable and workable addition to the Rules of Evidence, in part, because (1) the statute was otherwise…”
State v. Spratt, 31 S.W.3d 587 (Tenn. Crim. App. 2000). “Tennessee Code Annotated section 24-7-117 provides: (a) As used in this section, unless the context otherwise requires, “DNA analysis” means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another…”
State v. Toomes, 191 S.W.3d 122 (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 24-7-117 (b) (1994). Agent James, we note, testified that probabilities of finding the defendant’s profile within the African-American population was 1 in 5 billion, 128 million; within the Caucasian population it was 1 in 22 billion, 870 million; within the…”
State v. Harris, 866 S.W.2d 583 (Tenn. Crim. App. 1992). “This is another drop of water in the growing tidal wave of opinion that DNA analysis should be admissible evidence and should be helpful in deciding future cases of this nature.”
State v. Price, 46 S.W.3d 785 (Tenn. Crim. App. 2000). “Tenn.Code Ann. § 24-7-117. This statute effectively exempts DNA evidence from the reliability and trustworthiness inquiry required by Rule 703.”
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 24-7-117. We note that the General Assembly has not authorized funds for experts in non-capital cases.”
Armstead v. State, 673 A.2d 221 (Md. 1996). “1993)), Tennessee (Tenn.Code Ann. § 24-7-117 (Michie Supp.1995)), Wisconsin (Wis.”
State of Tennessee v. Bobby Ed Begley (Tenn. 1997). “Tenn. Code Ann. § 24-7-117 (b)(1) (Supp. 1991).”
State of Tennessee v. Franklin Monroe McMillan (Tenn. Crim. App. 2022). “We also note that the admissibility of DNA evidence is admissible pursuant to Tennessee Code Annotated section 24-7-117(b)(1), and any party may “offer[] proof that DNA analysis does not provide a trustworthy and reliable method of identifying characteristics in an individual’s…”
— Tenn. Code Ann. § 24-7-117(a) — 2 cases
State v. Begley, 956 S.W.2d 471 (Tenn. 1997). “Tenn. Code Ann. § 24-7-117 (b)(l) (Supp.1991).”
State of Tennessee v. Bobby Ed Begley (Tenn. 1997). “Tenn. Code Ann. § 24-7-117 (b)(1) (Supp. 1991).”
— Tenn. Code Ann. § 24-7-117(b) — 3 cases
State v. Scott, 33 S.W.3d 746 (Tenn. 2000). “In response, the State argued that Tennessee Code Annotated section 24-7-117 “is applicable to all types of DNA testing and the court is not required to conduct a pre-trial hearing concerning the admissibility of the same.”
State v. Toomes, 191 S.W.3d 122 (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 24-7-117 (b) (1994). Agent James, we note, testified that probabilities of finding the defendant’s profile within the African-American population was 1 in 5 billion, 128 million; within the Caucasian population it was 1 in 22 billion, 870 million; within the…”
State of Tennessee v. Darrell Toomes (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 24-7-117(b)(1) — 4 cases
State v. Reid, 164 S.W.3d 286 (Tenn. 2005). “Subsequently, the Tennessee Supreme Court held that pursuant to Tennessee Code Annotated section 24-7-117, mitochondrial DNA evidence met the general standards for admission of scientific or technical evidence and could be allowed as a method of proving identification without…”
State of Tennessee v. Robert Jason Burdick (Tenn. Crim. App. 2012).
State of Tennessee v. Franklin Monroe McMillan (Tenn. Crim. App. 2022). “We also note that the admissibility of DNA evidence is admissible pursuant to Tennessee Code Annotated section 24-7-117(b)(1), and any party may “offer[] proof that DNA analysis does not provide a trustworthy and reliable method of identifying characteristics in an individual’s…”
State v. Paul William Ware (Tenn. Crim. App. 1999).
— Tenn. Code Ann. § 24-7-117(b)(2) — 4 cases
State v. Reid, 164 S.W.3d 286 (Tenn. 2005). “Subsequently, the Tennessee Supreme Court held that pursuant to Tennessee Code Annotated section 24-7-117, mitochondrial DNA evidence met the general standards for admission of scientific or technical evidence and could be allowed as a method of proving identification without…”
State v. Begley, 956 S.W.2d 471 (Tenn. 1997). “Tenn. Code Ann. § 24-7-117 (b)(l) (Supp.1991).”
State v. Spratt, 31 S.W.3d 587 (Tenn. Crim. App. 2000). “Tennessee Code Annotated section 24-7-117 provides: (a) As used in this section, unless the context otherwise requires, “DNA analysis” means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another…”
State of Tennessee v. Franklin Monroe McMillan (Tenn. Crim. App. 2022). “We also note that the admissibility of DNA evidence is admissible pursuant to Tennessee Code Annotated section 24-7-117(b)(1), and any party may “offer[] proof that DNA analysis does not provide a trustworthy and reliable method of identifying characteristics in an individual’s…”
— Tenn. Code Ann. § 24-7-117(c) — 2 cases
State v. Scott, 33 S.W.3d 746 (Tenn. 2000). “In response, the State argued that Tennessee Code Annotated section 24-7-117 “is applicable to all types of DNA testing and the court is not required to conduct a pre-trial hearing concerning the admissibility of the same.”
Armstead v. State, 673 A.2d 221 (Md. 1996). “1993)), Tennessee (Tenn.Code Ann. § 24-7-117 (Michie Supp.1995)), Wisconsin (Wis.”
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