Ohio § 2152.81

Full text of Ohio Ohio Revised Code § 2152.81, with citation guidance and answers to common questions.

§ 2152.81.

(A)(1) As used in this section, “ victim ” includes any of the following persons: (a) A person who was a victim of a violation identified in division (A)(2) of this section

or an act that would be an offense of violence if committed by an adult; (b) A person against whom was directed any conduct that constitutes, or that is an element

of, a violation identified in division (A)(2) of this section or an act that would

be an offense of violence if committed by an adult. (2)(a) In any proceeding in juvenile court involving a complaint, indictment, or information

in which a child is charged with a violation of section 2905.03 , 2905.05 , 2907.02 , 2907.03 , 2907.05 , 2907.06 , 2907.07 , 2907.09 , 2907.21 , 2907.23 , 2907.24 , 2907.31 , 2907.32 , 2907.321 , 2907.322 , 2907.323 , or 2919.22 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which

an alleged victim of the violation or act was a child who was less than thirteen years

of age when the complaint or information was filed or the indictment was returned,

the juvenile judge, upon motion of an attorney for the prosecution, child victim,

or child victim's attorney, shall order that the testimony of the child victim be

taken by deposition. The prosecution, child victim, or child victim's attorney also may request that

the deposition be recorded in accordance with division (A)(3) of this section. (b) In any proceeding that is not otherwise eligible for the protections provided for

in division (A)(2)(a) of this section, and in which an alleged victim of the violation

was a child who was less than eighteen years of age when the complaint, indictment,

or information was filed, whichever occurred earlier, upon motion of the child victim,

the child victim's attorney, if applicable, or an attorney for the prosecution, and

upon a showing by a preponderance of the evidence that the child will suffer serious

emotional trauma if required to provide live trial testimony, the juvenile judge shall

order that the testimony of the child victim be taken by deposition. The prosecution, child victim, or child victim's attorney may also request that

the deposition be recorded in accordance with division (A)(3) of this section. (c) The judge shall notify the child victim whose deposition is to be taken, the victim's

attorney, if applicable, the prosecution, and the attorney for the child who is charged

with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the child victim who is to be examined and shall indicate

whether a request that the deposition be recorded has been made. The child who is charged with the violation or act shall have the right to attend

the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the

judge in the proceeding shall preside at the taking of the deposition and shall rule

at that time on any objections of the prosecution or the attorney for the child charged

with the violation or act. The prosecution and the attorney for the child charged with the violation or act

shall have the right, as at an adjudication hearing, to full examination and cross-examination

of the child victim whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence

in the proceeding, it shall be filed in the juvenile court in which the action is

pending and is admissible in the manner described in division (B) of this section. If a deposition of a child victim taken under this division is admitted as evidence

at the proceeding under division (B) of this section, the child victim shall not be

required to testify in person at the proceeding. However, at any time before the conclusion of the proceeding, the attorney for the

child charged with the violation or act may file a motion with the judge requesting

that another deposition of the child victim be taken because new evidence material

to the defense of the child charged has been discovered that the attorney for the

child charged could not with reasonable diligence have discovered prior to the taking

of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional

testimony of the child victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition

shall be taken in accordance with this division; if the admitted deposition was a

recorded deposition taken in accordance with division (A)(3) of this section, the

new deposition also shall be recorded in accordance with that division, and, in other

cases, the new deposition may be recorded in accordance with that division. (3) If the prosecution requests that a deposition to be taken under division (A)(2) of

this section be recorded, the juvenile judge shall order that the deposition be recorded

in accordance with this division. If a juvenile judge issues an order to record the deposition, the judge shall exclude

from the room in which the deposition is to be taken every person except the child

victim giving the testimony; the judge; one or more interpreters if needed; the

attorneys for the prosecution; the child victim's attorney, if applicable; the attorney

for the child who is charged with the violation or act; any person needed to operate

the equipment to be used; one person, who is not a witness, chosen by the child victim

giving the deposition; the victim's representative; and any person whose presence

the judge determines would contribute to the welfare and well-being of the child victim

giving the deposition. The person chosen by the child victim, both before and during the deposition, shall

not discuss the testimony of the child victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted

to a room adjacent to the room in which the deposition is being taken, or to a location

in the room in which the deposition is being taken that is behind a screen or mirror

so that the person operating the recording equipment can see and hear, but cannot

be seen or heard by, the child victim giving the deposition during the deposition. The child who is charged with the violation or act shall be permitted to observe

and hear the testimony of the child victim giving the deposition on a monitor, shall

be provided with an electronic means of immediate communication with the attorney

of the child who is charged with the violation or act during the testimony, and shall

be restricted to a location from which the child who is charged with the violation

or act cannot be seen or heard by the child victim giving the deposition, except on

a monitor provided for that purpose. The child victim giving the deposition shall be provided with a monitor on which

the child victim can observe, while giving testimony, the child who is charged with

the violation or act. The judge, at the judge's discretion, may preside at the deposition by electronic

means from outside the room in which the deposition is to be taken; if the judge

presides by electronic means, the judge shall be provided with monitors on which the

judge can see each person in the room in which the deposition is to be taken and with

an electronic means of communication with each person in that room, and each person

in the room shall be provided with a monitor on which that person can see the judge

and with an electronic means of communication with the judge. A deposition that is recorded under this division shall be taken and filed in the

manner described in division (A)(2) of this section and is admissible in the manner

described in this division and division (B) of this section, and, if a deposition

that is recorded under this division is admitted as evidence at the proceeding, the

child victim shall not be required to testify in person at the proceeding. No deposition recorded under this division shall be admitted as evidence at any

proceeding unless division (B) of this section is satisfied relative to the deposition

and all of the following apply relative to the recording: (a) The recording is both aural and visual and is recorded on film or videotape, or by

other electronic means. (b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal

Procedure as a fair and accurate representation of what occurred, and the recording

is not altered other than at the direction and under the supervision of the judge

in the proceeding. (c) Each voice on the recording that is material to the testimony on the recording or

the making of the recording, as determined by the judge, is identified. (d) Both the prosecution and the child who is charged with the violation or act are afforded

an opportunity to view the recording before it is shown in the proceeding. (B)(1) At any proceeding in relation to which a deposition was taken under division (A)

of this section, the deposition or a part of it is admissible in evidence upon motion

of the prosecution if the testimony in the deposition or the part to be admitted is

not excluded by the hearsay rule and if the deposition or the part to be admitted

otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if

the testimony is not hearsay under Evidence Rule 801 ; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803 ; if the child victim who gave the testimony is unavailable as a witness, as defined

in Evidence Rule 804 , and the testimony is admissible under that rule; or if both of the following apply: (a) The child who is charged with the violation or act had an opportunity and similar

motive at the time of the taking of the deposition to develop the testimony by direct,

cross, or redirect examination. (b) The judge determines that there is reasonable cause to believe that, if the child

victim who gave the testimony in the deposition were to testify in person at the proceeding,

the child victim would experience serious emotional trauma as a result of the child

victim's participation at the proceeding. (2) Objections to receiving in evidence a deposition or a part of it under division (B)

of this section shall be made as provided in civil actions. (3) The provisions of divisions (A) and (B) of this section are in addition to any other

provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal

Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions

in a juvenile court proceeding and do not limit the admissibility under any of those

other provisions of any deposition taken under division (A) of this section or otherwise

taken. (C)(1)(a) In any proceeding in juvenile court involving a complaint, indictment, or information

in which a child is charged with a violation listed in division (A)(2) of this section

or an act that would be an offense of violence if committed by an adult and in which

an alleged victim of the violation or offense was a child who was less than thirteen

years of age when the complaint or information was filed or indictment was returned,

the juvenile judge, upon motion of the prosecution, the child victim, or the child

victim's attorney, if applicable, shall order the testimony of the child victim to

be taken in a room other than the room in which the proceeding is being conducted

and be broadcast into the room in which the proceeding is being conducted to be viewed

by the child who is charged with the violation or act and any other persons who are

not permitted in the room in which the testimony is to be taken but who would have

been present during the testimony of the child victim had it been given in the room

in which the proceeding is being conducted. (b) In any proceeding that is not otherwise eligible for the protections provided for

in division (C)(1)(a) of this section, and in which an alleged victim of the violation

was a child who was less than eighteen years of age when the complaint, indictment,

or information was filed, whichever occurred earlier, upon motion of the child victim,

the child victim's attorney, if applicable, or the prosecution, and upon a showing

by a preponderance of the evidence that the child will suffer serious emotional trauma

if required to provide live trial testimony, the juvenile judge shall order that the

testimony of the child victim be taken in a room other than the room in which the

proceeding is being conducted and be broadcast into the room in which the proceeding

is being conducted to be viewed by the child who is charged with the violation or

act and any other persons who are not permitted in the room in which the testimony

is to be taken but who would have been present during the testimony of the child victim

had it been given in the room in which the proceeding is being conducted. (2) Except for good cause shown, the prosecution, the child victim, or the child victim's

attorney, if applicable, shall file a motion under this division at least seven days

before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution, the child

victim, or the child victim's attorney, if applicable, filed under this division,

if the judge determines that the child victim is unavailable to testify in the room

in which the proceeding is being conducted in the physical presence of the child charged

with the violation or act, due to one or more of the reasons set forth in division

(E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from

the room in which the testimony is to be taken every person except a person described

in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony

by electronic means from outside the room in which it is being given, subject to the

limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden

from the sight and hearing of the child victim giving the testimony, in a manner similar

to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe

and hear the testimony of the child victim giving the testimony on a monitor, shall

be provided with an electronic means of immediate communication with the attorney

of the child who is charged with the violation or act during the testimony, and shall

be restricted to a location from which the child who is charged with the violation

or act cannot be seen or heard by the child victim giving the testimony, except on

a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which

the child victim can observe, while giving testimony, the child who is charged with

the violation or act. (D)(1)(a) In any proceeding in juvenile court involving a complaint, indictment, or information

in which a child is charged with a violation listed in division (A)(2) of this section

or an act that would be an offense of violence if committed by an adult and in which

an alleged victim of the violation or offense was a child who was less than thirteen

years of age when the complaint or information was filed or the indictment was returned,

the juvenile judge, upon motion of the prosecution, the child victim, or the child

victim's attorney, shall order the testimony of the child victim to be taken outside

of the room in which the proceeding is being conducted and be recorded for showing

in the room in which the proceeding is being conducted before the judge, the child

who is charged with the violation or act, and any other persons who would have been

present during the testimony of the child victim had it been given in the room in

which the proceeding is being conducted. (b) In any proceeding that is not otherwise eligible for the protections provided for

in division (D)(1)(a) of this section, and in which an alleged victim of the violation

was a child who was less than eighteen years of age when the complaint, indictment,

or information was filed, whichever occurred earlier, upon motion of the child victim,

the child victim's attorney, if applicable, or the prosecution, and upon a showing

by a preponderance of the evidence that the child will suffer serious emotional trauma

if required to provide live trial testimony, the juvenile judge shall order that the

testimony of the child victim be taken outside of the room in which the proceeding

is being conducted and be recorded for showing in the room in which the proceeding

is being conducted before the judge, the child who is charged with the violation or

act, and any other persons who would have been present during the testimony of the

child victim had it been given in the room in which the proceeding is being conducted. (2) Except for good cause shown, the prosecution, the child victim, or the child victim's