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HomeEvidence CodeDiv. 10Ch. 2Art. 16§ 1360 Child Abuse Hearsay Exception

§ 1360 Child Abuse Hearsay Exception

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1360 Child Abuse Hearsay Exception

Key Takeaways

  • •If a kid under 12 tells someone about being hurt or mistreated, their words can be used in court even if they don’t say it in person.
  • •The judge checks if the kid’s story seems true based on when, where, and how they said it.
  • •The kid must either talk in court or have proof that matches their story if they can’t be there.
  • •The other side in court must be told ahead of time about the kid’s story so they can prepare.

Example

A 10-year-old tells their teacher they were hit by a family member.

The teacher’s notes about what the kid said can be used in court to help prove the abuse, even if the kid is too scared to talk in front of everyone. The judge will check if the story makes sense and if there’s other proof, like bruises.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1360 Child Abuse Hearsay Exception

(a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply: (1) The statement is not otherwise admissible by statute or court rule. (2) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability. (3) The child either: (A) Testifies at the proceedings. (B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. (b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. (c) For purposes of this section, “child abuse” means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and “child neglect” means any of the acts described in Section 11165.2 of the Penal Code. (Added by Stats. 1995, Ch. 87, Sec. 3. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

child abusechild neglecthearsay ruleindicia of reliabilitycorroborates the statement

Related Statutes

  • § 1253 Minor Victim Abuse Statements
  • § 1220 Admissions Against Party
  • § 1221 Adopted Statement Exception
  • § 1222 Authorized Party Statements Admissible
  • § 1223 Conspiracy Statement Admissibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1360.
View Official Source