# Va. Code Ann. § 63.2-1522: Admission of evidence of sexual acts with children > Virginia · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1522 ## Section - **Citation:** Va. Code Ann. § 63.2-1522 - **Heading:** Admission of evidence of sexual acts with children - **Jurisdiction:** Virginia - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1522 ## Text A. In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241 , 16.1-251 , 16.1-252 , 16.1-253 , 16.1-283 , or 20-107.2 , an out-of-court statement made by a child 14 years of age or younger at the time the statement is offered into evidence, describing any act of a sexual nature performed with or on the child by another, not otherwise admissible by statute or rule, may be admissible in evidence if the requirements of subsection B are met. B. An out-of-court statement may be admitted into evidence as provided in subsection A if: 1. The child testifies at the proceeding, or testifies by means of a videotaped deposition or closed-circuit television, and at the time of such testimony is subject to cross-examination concerning the out-of-court statement or the child is found by the court to be unavailable to testify on any of these grounds: a. The child's death; b. The child's absence from the jurisdiction, provided such absence is not for the purpose of preventing the availability of the child to testify; c. The child's total failure of memory; d. The child's physical or mental disability; e. The existence of a privilege involving the child; f. The child's incompetency, including the child's inability to communicate about the offense because of fear or a similar reason; and g. The substantial likelihood, based upon expert opinion testimony, that the child would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition or closed-circuit television. 2. The child's out-of-court statement is shown to possess particularized guarantees of trustworthiness and reliability. C. A statement may not be admitted under this section unless the proponent of the statement notifies the adverse party of his intention to offer the statement and the substance of the statement sufficiently in advance of the proceedings to provide the adverse party with a reasonable opportunity to prepare to meet the statement, including the opportunity to subpoena witnesses. D. In determining whether a statement possesses particularized guarantees of trustworthiness and reliability under subdivision B 2, the court shall consider, but is not limited to, the following factors: 1. The child's personal knowledge of the event; 2. The age and maturity of the child; 3. Certainty that the statement was made, including the credibility of the person testifying about the statement and any apparent motive such person may have to falsify or distort the event including bias, corruption, or coercion; 4. Any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion; 5. The timing of the child's statement; 6. Whether more than one person heard the statement; 7. Whether the child was suffering pain or distress when making the statement; 8. Whether the child's age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience; 9. Whether the statement has internal consistency or coherence, and uses terminology appropriate to the child's age; 10. Whether the statement is spontaneous or directly responsive to questions; 11. Whether the statement is responsive to suggestive or leading questions; and 12. Whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement. E. The court shall support with findings on the record, or with written findings in a court not of record, any rulings pertaining to the child's unavailability and the trustworthiness and reliability of the out-of-court statement. 1988, c. 892, § 63.1-248.13:2; 2002, c. 747 ; 2019, c. 413 . ## Nearby sections - [Va. Code Ann. § 63.2-1516 Tape recording child abuse investigations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1516.md) - [Va. Code Ann. § 63.2-1516.01 Investigation procedures involving person who is the subject of complaint](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1516.01.md) - [Va. Code Ann. § 63.2-1516.1 Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1516.1.md) - [Va. Code Ann. § 63.2-1517 Authority to take child into custody](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1517.md) - [Va. Code Ann. § 63.2-1518 Authority to talk to child or sibling](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1518.md) - [Va. Code Ann. § 63.2-1519 Physician-patient and spousal privileges inapplicable](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1519.md) - [Va. Code Ann. § 63.2-1520 Photographs and X-rays of child; use as evidence](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1520.md) - [Va. Code Ann. § 63.2-1521 Testimony by child using two-way closed-circuit television](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1521.md) - [Va. Code Ann. § 63.2-1522 Admission of evidence of sexual acts with children](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1522.md) - [Va. Code Ann. § 63.2-1523 Use of videotaped statements of complaining witnesses as evidence](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1523.md) - [Va. Code Ann. § 63.2-1524 Court may order certain examinations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1524.md) - [Va. Code Ann. § 63.2-1525 Prima facie evidence for removal of child custody](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1525.md) - [Va. Code Ann. § 63.2-1526 Appeals of certain actions of local departments](https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1526.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T63.2_SIII_C15_A4_S63.2-1522. Check the current official text before relying on it. Not legal advice.