Section 492.304

There are multiple enactments of 492.304

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 492

Effective - 28 Aug 2026, 2 histories, see footnote   

  492.304.  Visual and aural recordings of child under eighteen admissible, when. — 1.  In addition to the admissibility of a statement under the provisions of section 492.303, the visual and aural recording of a verbal or nonverbal statement of a child when under the age of eighteen or a vulnerable person, relating to an offense under the provisions of chapter 565, 566, 568, or 573, if performed by another, is admissible into evidence if:

  (1)  No attorney for either party was present when the statement was made; except that, for any statement taken at a state-funded child assessment center as provided for in subsection 2 of section 210.001, an attorney representing the state of Missouri in a criminal investigation may, as a member of a multidisciplinary investigation team, observe the taking of such statement, but such attorney shall not be present in the room where the interview is being conducted;

  (2)  The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

  (3)  The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;

  (4)  The statement was not made in response to questioning calculated to lead the child or vulnerable person to make a particular statement or to act in a particular way;

  (5)  Every voice on the recording is identified;

  (6)  The person conducting the interview of the child or vulnerable person in the recording is present at the proceeding and available to testify or be cross-examined by either party; and

  (7)  The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence.

  2.  If the child or vulnerable person does not testify at the proceeding, the visual and aural recording of a verbal or nonverbal statement of the child or vulnerable person shall not be admissible under this section unless the recording qualifies for admission under section 491.075.

  3.  If the visual and aural recording of a verbal or nonverbal statement of a child or vulnerable person is admissible under this section and the child or vulnerable person testifies at the proceeding, it shall be admissible in addition to the testimony of the child or vulnerable person at the proceeding whether or not it repeats or duplicates the child's or vulnerable person's testimony.

  4.  As used in this section, a nonverbal statement shall be defined as any demonstration of the child or vulnerable person by his or her actions, facial expressions, demonstrations with a doll or other visual aid whether or not this demonstration is accompanied by words.

  5.  For the purposes of this section, "vulnerable person" shall mean a person who, as a result of an inadequately developed or impaired intelligence or a psychiatric disorder that materially affects the ability to function, lacks the mental capacity to consent, or whose developmental level does not exceed that of an ordinary child of seventeen years of age.

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(L. 1985 H.B. 366, et al., A.L. 1992 S.B. 638, A.L. 2004 H.B. 1453, A.L. 2025 S.B. 43)

Effective 8-28-26