Evid. Code, § 1360 · Article 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings
Evid. Code, § 1360
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 1995, Ch. 87, Sec. 3. Effective January 1, 1996.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=1360.
- Text hash
- sha256 69429ca8822793debdcbc05c4a12d456e445d146d39ebf8a3a7ed48fac8f595d
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 273aPrinted as Section 273a, 273d, or 288.5 of the Penal Code
- Pen. Code, § 273dPrinted as Section 273a, 273d, or 288.5 of the Penal Code
- Pen. Code, § 288.5Printed as Section 273a, 273d, or 288.5 of the Penal Code
- Pen. Code, § 11165.1Printed as Section 11165.1 of the Penal Code
- Pen. Code, § 11165.2Printed as Section 11165.2 of the Penal Code
Cited by 1 provision
Provisions in this library whose text cites Evid. Code, § 1360. Each shows the citation as that text prints it.
Evidence Code
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