§ 12-2504. Husband-wife privilege.

A.  A communication is confidential for purposes of this section if it is made privately by any person to the person’s spouse and is not intended for disclosure to any other person.

B.  An accused in a criminal proceeding has a privilege to prevent the spouse of the accused from testifying as to any confidential communication between the accused and the spouse.

C.  The privilege may be claimed by the accused or by the spouse on behalf of the accused.  The authority of the spouse to do so is presumed.

D.  There is no privilege under this section in a proceeding in which one spouse is charged with a crime against the person or property of:

1.  The other;

2.  A child of either;

3.  A person residing in the household of either; or

4.  A third person when the crime is committed in the course of committing a crime against any other person named in this section.

Added by Laws 1978, c. 285, § 504, eff. Oct. 1, 1978.  Amended by Laws 2002, c. 468, § 34, eff. Nov. 1, 2002.