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.

Historical Data

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Laws 1978, SB 276, c. 285, § 503, eff. October 1, 1978; Amended by Laws 1980, HB 1942, c. 113, § 1, eff. October 1, 1980; Amended by Laws 2002, HB 1939, c. 468, § 34, eff. November 1, 2002 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Level
	1988 OK CR 272, 765 P.2d 1224,	BLAKE v. STATE	Cited
	1995 OK CR 62, 911 P.2d 918,	JOHNSON v. STATE	Discussed
	2002 OK CR 24, 47 P.3d 876,	MURPHY v. STATE	Cited
	2006 OK CR 19, 139 P.3d 907,	HOGAN v. STATE	Discussed at Length
	2007 OK CR 1, 152 P.3d 255,	JAMES v. STATE	Cited
	1999 OK CR 44, 992 P.2d 409,	Anderson v. State	Cited
	1981 OK CR 87, 632 P.2d 1234,	LAVICKY v. STATE	Cited
	1982 OK CR 8, 640 P.2d 554,	TAYLOR v. STATE	Cited
	1982 OK CR 84, 646 P.2d 1304,	FAULKNER v. STATE	Cited
	1983 OK CR 86, 665 P.2d 1205,	STAFFORD v. STATE	Discussed
	1983 OK CR 101, 668 P.2d 1126,	COLEMAN v. STATE	Discussed at Length
	1983 OK CR 131, 669 P.2d 285,	STAFFORD v. STATE	Discussed at Length
	1985 OK CR 79, 702 P.2d 1045,	WATKINS v. STATE	Cited
	2000 OK CR 15, 12 P.3d 1, 71 OBJ 2132,	Wackerly v. State	Discussed
	1987 OK CR 86, 737 P.2d 1197,	WILSON v. STATE	Cited
Oklahoma Session Laws - 2002
	Cite	Name	Level
	2002 O.S.L. 468, 2002 O.S.L. 468,	Civil procedure; conforming certain procedural requirements. Effective date.	Cited

Citationizer: Table of Authority

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Cite	Name	Level
Title 12. Civil Procedure
	Cite	Name	Level
	12 O.S. 2503,	Physician and Psychotherapist-Patient Privilege	Cited