California · Penal Code

PEN §1127f: In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a party, the court shall instruct the jury, as follows: In evaluating the te

Civil

What this law says, in plain English

In criminal trials where a child age 10 or younger testifies, the court must instruct the jury to consider the child's age and cognitive development when evaluating credibility, and not to automatically distrust child witnesses.

Read the full statutory text

In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a party, the court shall instruct the jury, as follows: In evaluating the testimony of a child you should consider all of the factors surrounding the child’s testimony, including the age of the child and any evidence regarding the child’s level of cognitive development. Although, because of age and level of cognitive development, a child may perform differently as a witness from an adult, that does not mean that a child is any more or less credible a witness than an adult. You should not discount or distrust the testimony of a child solely because he or she is a child.

Verify at the official source: California legislative text

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