568.100. Factors to consider in establishing age of child participating in sexual performances--testimony may be videotaped, when.
Factors to consider in establishing age of child participating insexual performances--testimony may be videotaped, when.
568.100. 1. When it becomes necessary for the purposes ofsection 568.060, 568.080 or 568.090 to determine whether a childwho participated in a sexual performance was younger thanseventeen years of age, the court or jury may make thisdetermination by any of the following methods:
(1) Personal inspection of the child;
(2) Inspection of the photograph or motion picture thatshows the child engaging in the sexual performance;
(3) Oral testimony by a witness to the sexual performance asto the age of the child based on the child's appearance at thetime;
(4) Expert medical testimony based on the appearance of thechild engaging in the sexual performance; or
(5) Any other method authorized by law or by the rules ofevidence.
2. When it becomes necessary for the purposes of section568.060, 568.080 or 568.090 to determine whether a child whoparticipated in the sexual conduct consented to the conduct, theterm "consent" shall have the meaning given it in section556.061, RSMo.
3. Upon request of the prosecuting attorney, the court mayorder that the child's testimony be videotaped pursuant tosection 492.303, RSMo, or as otherwise provided by law.
(L. 1984 H.B. 1225, A.L. 1987 H.B. 113, et al.)Effective 7-15-87