NO. 

THE STATE OF TEXAS	§		IN THE _______ COURT
§
V.	§		OF
§
§		__________ COUNTY, TEXAS

MOTION TO SUPPRESS OUTCRY STATEMENT

TO THE HONORABLE JUDGE OF SAID COURT:
	NOW COMES, Defendant in the above-styled case, and moves the Court to suppress the hearsay statement of ________________ as told to the witness ____________, and in support thereof shows the following:
-1-
	The statement which is offered is hearsay and does not fall under any exception to the hearsay rule.
-2-
	The State relies on article 38.072, Texas Rules of Criminal Procedure, to introduce the statement, and the statement does not comply with the requirements of article 38.072 in that:
a.	The statement was not made to the first person, 18 years of age or older, other than the Defendant, to whom the child made a statement about the offense;

	b.	The statement is not reliable based on the time, content, and circumstances of the statement;

	c.	The child was not a competent witness at the time the statement was made; and

	d.	The child was not a competent witness at the time the statement was offered.

-3-
	Article 38.072, Texas Rules of Criminal Procedure, specifically requires a hearing outside the presence of the jury to determine whether the statement meets the requirements of the statute.
	WHEREFORE, Defendant requests the Court suppress the hearsay statement of _____________ as told to the witness ____________.
Respectfully submitted,

By:                                                     

CERTIFICATE OF SERVICE

	I certify that a true copy of the foregoing motion was hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of ___________ County, Texas, on ________________, 200___.