South Dakota § 19-19-504 Spousal privilege.

South Dakota Statutes

§ 19-19-504 — Spousal privilege.

South Dakota § 19-19-504

Title 19EVIDENCE

Ch. 19-18SOUTH DAKOTA RULES OF EVIDENCE

This text of South Dakota § 19-19-504 (Spousal privilege.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 19-19-504 (2026).

Text

(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

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(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.