{"code":"EVID","codeName":"Evidence Code","section":"985","citation":"Evid. Code, § 985","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 8. PRIVILEGES [900. - 1070.]","url":"https://blackletter.si/evidence-code/division-8"},{"name":"CHAPTER 4. Particular Privileges [930. - 1063.]","url":"https://blackletter.si/evidence-code/division-8/chapter-4"},{"name":"ARTICLE 5. Privilege for Confidential Marital Communications [980. - 987.]","url":"https://blackletter.si/evidence-code/division-8/chapter-4/article-5"}],"history":"Amended by Stats. 1975, Ch. 71.","effective":null,"html":"<p>There is no privilege under this article in a criminal proceeding in which one spouse is charged with:</p><p>(a) A crime committed at any time against the person or property of the other spouse or of a child of either.</p><p>(b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.</p><p>(c) Bigamy.</p><p>(d) A crime defined by Section <a href=\"/pen/270\">270</a> or <a href=\"/pen/270a\">270a</a> of the Penal Code.</p>","text":"There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the person or property of the other spouse or of a child of either. (b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse. (c) Bigamy. (d) A crime defined by Section 270 or 270a of the Penal Code.","otherVersions":[],"url":"https://blackletter.si/evidence-code/privilege-for-confidential-marital-communications-985","source":"California Legislative Information bulk export (pubinfo)"}