Rule 5-504. Videotaped depositions; testimony of certain minors who are victims of sexual offenses.

A. When allowed. Upon motion, and after notice to opposing counsel, at any time after the filing of the indictment, information, or complaint in district court charging a criminal sexual penetration or criminal sexual contact on a child under sixteen (16) years of age, the district court may order the taking of a videotaped deposition of the victim, upon a showing that the child may be unable to testify without suffering unreasonable and unnecessary mental or emotional harm. The district judge must attend any deposition taken under this paragraph and shall provide such protection of the child as the judge deems necessary. B. Use at trial. At the trial of a defendant charged with criminal sexual penetration or criminal sexual contact on a child under sixteen (16) years of age, any part or all of the videotaped deposition of a child under sixteen (16) years of age taken under Paragraph A of this rule, may be shown to the trial judge or the jury and admitted as evidence as an additional exception to the hearsay rule of the Rules of Evidence if: (1) the child is unable to testify before the court without suffering unreasonable and unnecessary mental or emotional harm; (2) the deposition was presided over by a district judge and the defendant was present and was represented by counsel or waived counsel; and (3) the defendant was given an adequate opportunity to cross-examine the child, subject to such protection of the child as the judge deems necessary. C. Additional use at trial. In addition to Paragraph B of this rule, the Rules of Evidence shall govern the admissibility of evidence from videotaped depositions.