Section 104.002 - Prerecorded Statement of Child If a child 12 years of age or younger is alleged in a suit under this title to have been abused, the recording of an oral statement of the child recorded prior to the proceeding is admissible into evidence if:
(1) no attorney for a party was present when the statement was made;(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 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 to make a particular statement;(5) each voice on the recording is identified;(6) the person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party; and(7) each party is afforded an opportunity to view the recording before it is offered into evidence.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. 4/20/1995.