TITLE 19

CRIMINAL PROCEDURE

CHAPTER 30

WITNESSES IN CRIMINAL PROCEEDINGS

19-3002.  Husband and wife as witnesses. Neither husband nor wife are competent witnesses for or against each other in a criminal action or proceeding to which one or both are parties, except:

1.  With the consent of both, or

2.  In cases of criminal violence upon one by the other; or acts of physical injury upon a child of either the husband or the wife where the injury has been caused as a result of physical abuse or neglect by one or both of the parents; or to acts or attempted acts of lewd conduct with a minor child; or

3.  In cases of desertion or nonsupport of wife or child by the husband.

History:

[(19-3002) R.S. & R.C., sec. 8142; compiled and reen. C.L., sec. 8142; C.S., sec. 9130; I.C.A., sec. 19-2902; am. 1979, ch. 152, sec. 1, p. 468.]