§ 2803.1.Statements of Children Not Having Attained 16 Years, Incapacitated Persons, Or Vulnerable Adults Describing Certain Acts - Admissibility In Criminal and Juvenile Proceedings
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2025 · Last verified August 3, 2026
In one sentenceMakes certain out-of-court statements by a child under 16, an older child with a disability, or an incapacitated or vulnerable adult describing abuse, neglect, or violence admissible in criminal and juvenile proceedings, whether the declarant testifies live, testifies by an alternative means, or doesn't testify at all under specified conditions.
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.
Amendment History
Amended by Laws 2025, c. 207,s. 1, eff. 11/1/2025.
Amended by Laws 2024, c. 104, s. 1, eff. 11/1/2024.
Amended by Laws 2023, c. 216, s. 1, eff. 11/1/2023.
Amended by Laws 2013, c. 42, s. 1, eff. 11/1/2013.
Added by Laws 1984, SB 347, c. 8, § 1, emerg. eff. 3/12/1984; Amended by Laws 1986, HB 1972, c. 87, § 1,
eff. 7/1/1986; Amended by Laws 1990, HB 2334, c. 224, § 8, eff. 9/1/1990; Amended by Laws 1992, HB
2017, c. 301, § 2, eff. 9/1/1992; Amended by Laws 1993, HB 1197, c. 197, § 3, eff. 9/1/1993; Amended by
Laws 1998, HB 2442, c. 24, §1, eff. 4/1/1998; Amended by Laws 2000, HB 2019, c. 340, §22, emerg. eff.
7/1/2000; Amended by Laws 2004, SB 1090, c. 445, §2, emerg. eff. 6/4/2004.
Plain-English Summary
Subsection A admits statements by a child under sixteen, an older child with a disability, or an incapacitated or vulnerable adult (as defined in Title 43A) describing physical or domestic abuse, neglect, sexual contact, specific enumerated crimes against them, or an act witnessed that caused death or great bodily injury to someone else. Those statements are admissible across juvenile deprived proceedings and pre-trial and post-trial criminal and juvenile delinquent proceedings, including preliminary hearings and probation-revocation hearings.
Subsection B governs admissibility at trial itself, and it recognizes three paths: the declarant testifies at trial, whether in person, by videoconferencing, or another alternative means; the declarant doesn't testify but is unavailable under Section 2804(A) and the reliability requirements of Section 2804(B) are met; or the declarant doesn't testify and the court finds the statement nontestimonial. Subsection C ties disclosure and notice to the Oklahoma Criminal Discovery Code, and subsection D defines "disability" as a physical or mental impairment substantially limiting a major life activity.
Frequently Asked Questions
Does the child have to testify at trial for these statements to come in?
Not necessarily -- subsection B allows admission if the child testifies (including via videoconferencing or other alternative means), or if unavailable under Section 2804 with its reliability requirements met, or if the court finds the statement nontestimonial.
What kinds of statements does this section cover?
Statements describing physical abuse, domestic abuse, neglect, sexual contact, specific enumerated criminal acts, or an act or omission causing death or great bodily injury that the declarant witnessed.
Does this exception cover adults as well as children?
Yes, it extends to a person who is an incapacitated person or vulnerable adult as defined in Section 10-103 of Title 43A, along with a child sixteen or older who has a disability.
What governs disclosure of these statements before trial?
The Oklahoma Criminal Discovery Code, Section 2002 of Title 22, under subsection C.
How does this section define "disability"?
A physical or mental impairment that substantially limits a major life activity, or being regarded as having one by a competent medical professional, under subsection D.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma child hearsay exception12 O.S. § 2803.1vulnerable adult hearsay statement oklahomachild abuse victim statement admissible oklahoma court