2016 South Dakota Codified Laws
Title 19 - EVIDENCE
Chapter 19 - South Dakota Rules of Evidence
§ 19-19-504 Spousal privilege.
19-19-504. Spousal privilege. (a) Definition. A communication is confidential if it is made privately by any person to his or her spouse during their marriage and is not intended for disclosure to any other person.
(b) General rule of privilege. An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.
(c) Who may claim the privilege. 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) Exceptions. 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 committed in the course of committing a crime against any of them.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 504); SDCL ยงยง 19-13-12 to 19-13-15.
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