§ 49.295 — Married person: General rule of privilege; exceptions

1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305 :
(a) A married person cannot be examined as a witness for or against his or her spouse without his or her consent.
(b) No spouse can be examined, during the marriage or afterwards, without the consent of the other spouse, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his or her competence;
(d) Proceeding in the juvenile court or family court pursuant to title 5 of NRS or NRS 432B.410 to 432B.590 , inclusive; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of the other spouse or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the spouses were married.

Legislative History

(Added to NRS by 1971, 786 ; A 1977, 265 ; 1979, 460 ; 1985, 842 , 1387 ; 1991, 458 , 2177 ; 1993, 603 ; 2003, 593 , 1115 ; 2017, 777 ; 2023, 2324 )