# C.R.S. § 18-6.5-103.5: 18-6.5-103.5. Video tape depositions - at-risk adult victims and witnesses > Colorado · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-103.5 ## Section - **Citation:** C.R.S. § 18-6.5-103.5 - **Heading:** 18-6.5-103.5. Video tape depositions - at-risk adult victims and witnesses - **Jurisdiction:** Colorado - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CO Code / Title 18 / Article 6.5 / Section 18-6.5-103.5 ## Text 18-6.5-103.5. Video tape depositions - at-risk adult victims and witnesses. (1) In any case in which a defendant is charged with a crime against an at-risk adult or at-risk elder, or in any case involving a victim or witness who is an at-risk adult or at-risk elder, the prosecution may file a motion with the court at any time prior to commencement of the trial for an order that a deposition be taken of the testimony of the victim or witness and that the deposition be recorded and preserved on a video imaging format. (2) The prosecution shall file a motion requesting a recorded deposition at least fourteen days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition. The defendant shall have the right to be present and to be represented by counsel at the deposition; except that for good cause shown, the court may permit the filing of a motion requesting a recorded deposition less than fourteen days prior to taking the deposition. (3) (a) (I) Upon receipt of the motion, the court shall schedule the deposition to take place within fourteen days without further findings, except for good cause shown by the prosecution if the motion asks for the deposition to be taken in less than fourteen days, if the victim is an at-risk elder. (II) Except for depositions of at-risk elder victims as described in subparagraph (I) of this paragraph (a), upon the filing of the motion by the prosecution stating reasons the victim or witness may be unavailable at trial, the court may order a deposition for an at-risk adult victim or witness or at-risk elder witness. Filing the motion creates a rebuttable presumption that a deposition should be taken to prevent injustice. The court may deny the motion for deposition upon a finding that granting the motion will not prevent injustice. The prosecution may file a new request for a deposition if circumstances change prior to trial. (III) Both the prosecution and the defendant shall provide all available discovery no later than five days before the scheduled deposition. If the discovery has not been provided as set forth in this subparagraph (III), either party may file a motion with the court to reschedule the deposition in order to obtain the necessary discovery to adequately prepare for the deposition. (b) The deposition must be taken, preserved on a video imaging format, and conducted pursuant to rule 15 (d) of the Colorado rules of criminal procedure; except that after consultation with the chief judge of the judicial district, the trial court may appoint an active or senior district or county court judge to serve in its place and preside over all aspects of the taking of the deposition. After the deposition is taken, the prosecution shall transmit the recording to the clerk of the court in which the action is pending. (4) If at the time of trial the court finds that the victim or witness is medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the court may admit the recording of the victim's or witness' deposition as former testimony under rule 804 (b)(1) of the Colorado rules of evidence. ## Nearby sections - [C.R.S. § 18-6.5-101 18-6.5-101. Legislative declaration](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-101.md) - [C.R.S. § 18-6.5-102 18-6.5-102. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-102.md) - [C.R.S. § 18-6.5-103 18-6.5-103. Crimes against at-risk persons - classifications](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-103.md) - [C.R.S. § 18-6.5-103.5 18-6.5-103.5. Video tape depositions - at-risk adult victims and witnesses](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-103.5.md) - [C.R.S. § 18-6.5-104 18-6.5-104. Statutory privilege not allowed](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-104.md) - [C.R.S. § 18-6.5-105 18-6.5-105. Preferential trial dates of cases involving crimes against at-risk persons](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-105.md) - [C.R.S. § 18-6.5-106 18-6.5-106. Payment of treatment costs for victims of crimes against at-risk persons - resti](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-106.md) - [C.R.S. § 18-6.5-107 18-6.5-107. Surcharge - collection and distribution of funds - crimes against at-risk person](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-107.md) - [C.R.S. § 18-6.5-108 18-6.5-108. Mandatory reports of mistreatment of at-risk elders and at-risk adults with IDD](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-108.md) - [C.R.S. § 18-6.5-109 18-6.5-109. At-risk adults with intellectual and developmental disabilities mandatory report](https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-109.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T18_A6.5_S18-6.5-103.5. Check the current official text before relying on it. Not legal advice.