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ARS 13-1416: Admissibility of minor’s statement

ARS 13-1416: Admissibility of minor’s statement

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

5.0 · Sex Crime Defense

The complete text of A.R.S. § 13-1416 on admissibility of minor’s statement, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

★★★★★ 5.0 · Sex Crime Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated September 4, 2026.

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What § 13-1416 Sets Out

A.R.S. § 13-1416 is the Arizona statute on admissibility of minor’s statement. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.

A. Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any sexual offense or physical abuse performed with, on or witnessed by the minor, which is not otherwise admissible by statute or court rule, is admissible in evidence in any criminal or civil proceeding if both of the following are true:

  1. The court finds, in an in camera hearing, that the time, content and circumstances of the statement provide sufficient indicia of reliability.
  2. Either of the following is true:

Full Text of A.R.S. § 13-1416

A. Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any sexual offense or physical abuse performed with, on or witnessed by the minor, which is not otherwise admissible by statute or court rule, is admissible in evidence in any criminal or civil proceeding if both of the following are true:

1. The court finds, in an in camera hearing, that the time, content and circumstances of the statement provide sufficient indicia of reliability.

2. Either of the following is true:

(a) The minor testifies at the proceedings.

(b) The minor is unavailable as a witness, provided that if the minor is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the statement.

B. A statement shall not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.

Source: Arizona Revised Statutes § 13-1416, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

How § 13-1416 Affects an Arizona Case

§ 13-1416 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.

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Common Questions

Frequently Asked Questions

What is A.R.S. § 13-1416?

A.R.S. § 13-1416 is the Arizona statute on admissibility of minor’s statement. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.

Where can I read the official text of § 13-1416?

The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.

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