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HomeEvidence CodeDiv. 10Ch. 2Art. 5§ 1253 Minor Victim Abuse Statements

§ 1253 Minor Victim Abuse Statements

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1253 Minor Victim Abuse Statements

Key Takeaways

  • •If a kid under 12 tells a doctor about being hurt or abused, the doctor can tell the court what the kid said.
  • •This only works if the kid was talking to the doctor to get help or treatment.
  • •The kid's words can be used in court even if the kid doesn't say them again in front of a judge.
  • •This rule is only for serious harm or abuse, like hitting, neglect, or other bad actions against kids.

Example

A 10-year-old tells their doctor about being hit by a family member.

The doctor can tell the court what the kid said, even if the kid is too scared to talk about it in court. This helps protect the kid and punish the abuser.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1253 Minor Victim Abuse Statements

Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies only to a statement made by a victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age of 12 describing any act, or attempted act, of child abuse or neglect. “Child abuse” and “child neglect,” for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. In addition, “child abuse” means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor. (Added by Stats. 1995, Ch. 87, Sec. 2. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

hearsay rulemedical diagnosis or treatmentchild abusechild neglectminorunder the age of 12

Related Statutes

  • § 1360 Child Abuse Hearsay Exception
  • § 1250 State Of Mind Evidence
  • § 1251 Declarant'S State Of Mind
  • § 1220 Admissions Against Party
  • § 1221 Adopted Statement Exception

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1253.
View Official Source