Section 65.00. Definitions  


Latest version.
  • As used in this article:
        1. "Child witness" means a person fourteen years old or less who is or
      will  be  called to testify in a criminal proceeding, other than a grand
      jury proceeding, concerning an offense defined in  article  one  hundred
      thirty  of the penal law or section 255.25, 255.26 or 255.27 of such law
      which is the subject of such criminal proceeding.
        2. "Vulnerable child witness" means a child witness whom a  court  has
      declared to be vulnerable.
        3.  "Testimonial  room"  means  any  room, separate and apart from the
      courtroom, which is furnished  comfortably  and  less  formally  than  a
      courtroom and from which the testimony of a vulnerable child witness can
      be transmitted to the courtroom by means of live, two-way closed-circuit
      television.
        4.  "Live,  two-way  closed-circuit  television"  means a simultaneous
      transmission, by closed-circuit television, or other  electronic  means,
      between  the  courtroom  and the testimonial room in accordance with the
      provisions of section 65.30.
        5. "Operator" means the individual authorized by the court to  operate
      the  closed-circuit  television  equipment  used  in accordance with the
      provisions of this article.
        6. A person occupies "a position of authority with respect to a child"
      when he or she is a parent, guardian or other person responsible for the
      custody or care of the child at the relevant time or is any other person
      who  maintains  an  ongoing  personal  relationship  with  such  parent,
      guardian  or  other  person  responsible  for  custody  or  care,  which
      relationship involves his or her living, or  his  or  her  frequent  and
      repeated presence, in the same household or premises as the child.
        * NB Repealed September 1, 2011