SPOUSAL PRIVILEGE

(a) Definition. A communication by a married person is confidential if: (1) The person makes it privately to the person’s spouse, and (2) The person making it does not intend for it to be disclosed to any other person. (b) General rule. A married person has a privilege to prevent the person’s spouse from disclosing the contents of any confidential communication between the person and the spouse. (c) Who may claim the privilege. The person who made the communication can claim the privilege. The spouse also has presumptive authority to claim the privilege on the person’s behalf. (d) Exceptions. The spousal privilege is subject to the following exceptions: (1) The spousal privilege does not apply in a proceeding in which one spouse is charged with a crime against the person or property of: (A) The other spouse; (B) A child of either spouse; (C) Any person residing in either spouse’s household; or (D) Any third person, if the crime against that person or property occurred in the course of committing a crime against the 27 other spouse, a child of either spouse, or any person residing in either spouse’s household. (2) The spousal privilege does not apply in a civil proceeding when the spouses are adverse parties.