Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-4 — Sexual Offenses
Utah Code

Utah Code § 76-5-410 (2026)

Child victim of sexual abuse as competent witness

✓ current as of May 2026
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A child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony.

Notes of Decisions
Cited in 14 cases, 1987–2011 · leading case: State v. Eldredge, 773 P.2d 29 (Utah 1989).
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State v. Eldredge, 773 P.2d 29 (Utah 1989). · cites it 64× “[2] Utah Code Ann. § 76-5-410 (Supp. 1983). Section 76-5-411 makes such a child's out-of-court statements regarding the abuse admissible if certain requirements are met, even if the evidence would otherwise be inadmissible hearsay.”
State v. Loughton, 747 P.2d 426 (Utah 1987). · cites it 29× “The district court ruled that section 76-5-410 was controlling and therefore declined to make a judicial determination as to the child’s competency to testify.”
State v. Webb, 779 P.2d 1108 (Utah 1989). · cites it 16× “Utah Code Ann. §§ 76-5-410 , 411(l)(b) (Supp.”
State v. Fulton, 742 P.2d 1208 (Utah 1987). · cites it 11× “Fulton also contends that section 76-5-410 deprives him of his due process right to a fair trial by allowing a young child’s testimony to be admitted into evidence without a prior competency determination.”
Julian v. State, 966 P.2d 249 (Utah 1998). · cites it 10× “" Utah Code Ann. § 76-5-410 (1995) (emphasis added).”
State v. Burke, 2011 UT App 168 (Utah Ct. App. 2011). · cites it 5× “See Utah Code Ann. § 76-5-410 (2008) ("A child victim of sexual abuse under the age of ten is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding.”
Bullock v. Carver, 297 F.3d 1036 (10th Cir. 2002). · cites it 2× “Bullock acknowledges, Utah law existing at the time of his trial deemed the boys legally competent to testify about the alleged abuse: “A child victim of sexual abuse under the age of ten is a competent witness and shall be allowed to testify without prior qualification in any…”
State v. Marcum, 750 P.2d 599 (Utah 1988). · cites it 6× “1983) effectively denies the right to cross-examine by declaring child victims of sexual abuse, as a class, competent to testify without determining the competency of the individual. We addressed the concerns that section 76-5-410 may allow incompetent testimony to be admissible…”
State v. Hall, 946 P.2d 712 (Utah Ct. App. 1997). · cites it 4× “See Utah Code Ann. § 76-5-410 (1995) (“A child victim of sexual abuse under the age of ten is a competent *719 witness and shall be allowed to testify without prior qualification in any judicial proceeding.”
State v. Williams, 729 S.W.2d 197 (Mo. 1987). · cites it 2× “463 (West); Utah Code Ann. § 76-5-410 (Supp. 1985).”
State v. Thomas, 1999 UT 2 (Utah 1999). · cites it 2× “Justice Zimmerman, referring to a statute declaring all victims of child abuse to be competent witnesses regardless of age, see Utah Code Ann. § 76-5-410 , further stated that "it is hard to understand how the trial court could find all children of the age of the alleged victim…”
State, in Interest of Dm, 790 P.2d 562 (Utah Ct. App. 1990). · cites it 2× “Utah Code Ann. § 76-5-410 (Supp.1989). D.”
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