1. A. A statement made by a child who has not attained thirteen (13) years of age, which describes any act of physical abuse against the child or any act of sexual contact performed with or on the child by another, is admissible in criminal and juvenile proceedings in the courts in this state if:

   1. 1. The court finds, in a hearing conducted outside the presence of the jury, that the time, content and totality of circumstances surrounding the taking of the statement provide sufficient indicia of reliability so as to render it inherently trustworthy. In determining such trustworthiness, the court may consider, among other things, the following factors: the spontaneity and consistent repetition of the statement, the mental state of the declarant, whether the terminology used is unexpected of a child of similar age, and whether a lack of motive to fabricate exists; and 2. The child either:

      1. a. testifies or is available to testify at the proceedings or pursuant to the provisions of Section 753 et seq. of Title 22 of the Oklahoma Statutes, or
      2. b. is unavailable as defined in Section 2804 of this title as a witness. When the child is unavailable, such statement may be admitted only if there is corroborative evidence of the act.
2. B. A statement may 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 at least ten (10) days in advance of the proceedings to provide the adverse party with an opportunity to prepare to answer the statement.

Laws 1984, SB 347, c. 8, § 1, emerg. eff. March 12, 1984; Amended by Laws 1986, HB 1972, c. 87, § 1, emerg. eff. July 1, 1986; Amended by Laws 1990, HB 2334, c. 224, § 8, eff. September 1, 1990; Amended by Laws 1992, HB 2017, c. 301, § 2, eff. September 1, 1992; Amended by Laws 1993, HB 1197, c. 197, § 3, eff. September 1, 1993; Amended by Laws 1998, HB 2442, c. 24, § 1, emerg. eff. April 1, 1998 (superseded document available).