Section 568.100

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 568

Effective - 15 Jul 1987, 2 histories, see footnote   (history) 

  *568.100.  Until December 31, 2016 — Factors to consider in establishing age of child participating in sexual performances — testimony may be videotaped, when. — 1.  When it becomes necessary for the purposes of section 568.060, 568.080 or 568.090 to determine whether a child who participated in a sexual performance was younger than seventeen years of age, the court or jury may make this determination by any of the following methods:

  (1)  Personal inspection of the child;

  (2)  Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

  (3)  Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

  (4)  Expert medical testimony based on the appearance of the child engaging in the sexual performance; or

  (5)  Any other method authorized by law or by the rules of evidence.

  2.  When it becomes necessary for the purposes of section 568.060, 568.080 or 568.090 to determine whether a child who participated in the sexual conduct consented to the conduct, the term "consent" shall have the meaning given it in section 556.061.

  3.  Upon request of the prosecuting attorney, the court may order that the child's testimony be videotaped pursuant to section 492.303 or as otherwise provided by law.

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(L. 1984 H.B. 1225, A.L. 1987 H.B. 113, et al.)

Effective 7-15-87

*This section was repealed by S.B. 491, 2014, effective 1-01-17.  Due to the delayed repeal date, the version of this section in effect until 12-31-16 is printed here.