Chapter 91

COL 0402098GCA CRIMINAL PROCEDURE CH.91 PRIVACY FOR VULNERABLE WITNESSES 1CHAPTER 91 PRIVACY FOR VULNERABLE WITNESSES SOURCE : This Chapter was added by P.L. 29 -126:1 (Dec. 22, 2008) ,as §§ 91101 - 91104 .Renumbered by C ompiler to harmonious ly fit this Title. § 91.01 Exclusion of Public from Trial for Sex Offenses Involving Minors Under Age of Eighteen. § 91.02 Exclusion of Public from Trial of Criminal Proceeding Involving Husband and Wife. § 91.03 Exclusion of Public from Trial Involving Crime of Incest, Child Pornography orCriminal Sexual Conduct. § 91.04 Compelling Interest Must Justify Closure. § 91. 01. Exclusion of Public from Trial for Sex Offenses Involving Minors Under Age of Eighteen. At the trial of a complaint orindictment for criminal sexual conduct, incest, carnal abuse orother crime involving sex, where a mino r under eighteen (18) years of age is the person upon, with oragainst whom the crime is alleged to have been committed orat the trial of a complaint or indictment for any criminal act in which a child was conceived as a result of such act or related act (such as stalking where the predator committed a prior sexual assault against the stalking victim),

dictment for any criminal act in which a child was conceived as a result of such act or related act (such as stalking where the predator committed a prior sexual assault against the stalking victim), orfor the non -support of a child born out of wedlock, the judge mayexclude the general public from the court room, admitting only such persons as may have a direct interest in the case. § 91. 02. Exclusion of Public from Trial of Criminal Proceeding Involving Husband and Wife. The judge mayexclude the general public from the court room during the trial of any criminal proceeding involving husband and wi fe. § 91. 03. Exclusion of Public from Trial Involving Crime of Incest, Child Pornography orCriminal Sexual Conduct. To protect the parties involved at a trial arising from a complaint or indictment for incest, child pornography orcriminal sexual condu ct, the judge mayexclude all spectators from the courtroom in which such trial is being held, orfrom said courtroom during those portions of such trial when direct testimony is to be presented; provided, that either of the parties requests that all spect ators be so excluded at the trial orportions thereof; COL 0402098GCA CRIMINAL

ions of such trial when direct testimony is to be presented; provided, that either of the parties requests that all spect ators be so excluded at the trial orportions thereof; COL 0402098GCA CRIMINAL PROCEDURE CH.91 PRIVACY FOR VULNERABLE WITNESSES 2and provided further, that the defendant in such trial by a written statement waives his right to a public trial for those portions from which spec tators are so excluded. § 91. 04. Compelling Interest Must Justify Closure. The court must determine, on a case -by-case basis, whether the Territory's legitimate concern for the victim's well -being necessitates closure of court proceedings as provided for in §§ 91. 01, 91.02and 91.03 of this Chapter. In accommodating the Territory’s interest for closure of court proceedings, the court shall further determine ifsuch accommodation requires the closure orall proceedings oronly portions of the proceedings. The court may, in consideration of accommodating t he Territory’s interest for closure of court proceedings, deny access to the transcript, court personnel, orany other possible source that could provide an account of the victim's testimony during such time the order of closure was in

of court proceedings, deny access to the transcript, court personnel, orany other possible source that could provide an account of the victim's testimony during such time the order of closure was in effect. The court may, in consideration of accommodating the Territory’s interest for closure of court proceedings, deny access to the victim's identity. ----------