2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5913 - Spouses as witnesses against each other.

     § 5913.  Spouses as witnesses against each other.
        Except as otherwise provided in this subchapter, in a
     criminal proceeding a person shall have the privilege, which he
     or she may waive, not to testify against his or her then lawful
     spouse except that there shall be no such privilege:
            (1)  in proceedings for desertion and maintenance;
            (2)  in any criminal proceeding against either for bodily
        injury or violence attempted, done or threatened upon the
        other, or upon the minor children of said husband and wife,
        or the minor children of either of them, or any minor child
        in their care or custody, or in the care or custody of either
        of them;
            (3)  applicable to proof of the fact of marriage, in
        support of a criminal charge of bigamy alleged to have been
        committed by or with the other; or
            (4)  in any criminal proceeding in which one of the
        charges pending against the defendant includes murder,
        involuntary deviate sexual intercourse or rape.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 29, 1989,
     P.L.69, No.16, eff. imd.)

        1989 Amendment.  Section 2 of Act 16 provided that Act 16
     shall apply to all criminal cases pending on the effective date
     of Act 16.

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