2019 Georgia Code
Title 24 - Evidence
Chapter 5 - Privileges
§ 24-5-503. Husband and wife as witnesses for and against each other in criminal proceedings

Universal Citation: GA Code § 24-5-503 (2019)
  • (a) A husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.

  • (b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of subsection (a) of Code Section 24-5-501 or subsection (a) of Code Section 24-5-505 shall not apply in proceedings in which:

    • (1) The husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged;

    • (2) The husband or wife is charged with a crime against his or her spouse;

    • (3) The husband or wife is charged with causing physical damage to property belonging to the husband and wife or to their separate property; or

    • (4) The alleged crime against his or her current spouse occurred prior to the lawful marriage of the husband and wife.


Code 1981, § 24-5-503, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 105, § 1/HB 711.

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