MAY, J.
Ind. Code § 35-37-4-6, commonly referred to as the protected persons statute, allows hearsay statements of children to be admissible at trial when certain conditions are met. . . . .
Nunley challenges the trial court’s finding that the time, content, and circumstances of A.Y.’s statements provided sufficient indications of reliability.
Considerations in making the reliability determination under Ind. Code § 35-37-4-6 include: (1) the time and circumstances of the statement, (2) whether there was significant opportunity for coaching, (3) the nature of the questioning, (4) whether there was a motive to fabricate, (5) use of age appropriate terminology, and (6) spontaneity and repetition.
Surber, 884 N.E.2d at 862.
. . . .
The statements A.Y. made in her interview at Comfort House do not bear the same indicia of reliability. The interview occurred more than a year after A.Y. first accused Nunley of licking her vagina and forcing her to suck his penis. Thus, there was a significant opportunity for coaching. Furthermore, in the interview, A.Y. made new allegations that Nunley had touched her vagina with his penis and his hand. The interview was the only time A.Y. made these allegations, and she did not testify at trial that Nunley had touched her vagina with his penis or his hand. The substantial delay between the molestation and the interview calls into doubt the reliability of the new allegations A.Y. made during the interview.
. . . .
In Surber, the child made spontaneous statements that were highly indicative of lack of coaching and motive to fabricate because she thought she was defending her father and half-brother by making the statements. A.Y.’s statements during the interview were not spontaneous, and nothing about the statements themselves tends to demonstrate their reliability. Furthermore, in Surber the statements were made within a year of the molestation and all of the child’s statements were made within a few days after she disclosed the molestation. The State cites no case in which we have found reliable a statement made so long after the victim’s initial disclosure, especially when the victim’s statement adds new, material allegations. Therefore, we conclude the trial court abused its discretion by finding A.Y.’s statements from the interview reliable and permitting them to be heard by the jury in the form of the videotape and witness testimony.
CRONE, J., and BROWN, J., concur.