(a) For the purposes of this section, “confidential communication” means any oral or written communication made between spouses during a marriage that is intended to be confidential and is induced by the affection, confidence, loyalty and integrity of the marital relationship.
(b) Except as provided in subsection (c) of this section, in any criminal proceeding, a spouse shall not be (1) required to testify to a confidential communication made by one spouse to the other during the marriage, or (2) allowed to testify to a confidential communication made by one spouse to the other during the marriage, over the objection of the other spouse.
(c) The testimony of a spouse regarding a confidential communication may be compelled, in the same manner as for any other witness, in a criminal proceeding against the other spouse for (1) joint participation with the spouse in what was, at the time the communication was made, criminal conduct or conspiracy to commit a crime, (2) bodily injury, sexual assault or other violence attempted, committed or threatened upon the spouse, or (3) bodily injury, sexual assault, risk of injury pursuant to section 53-21, or other violence attempted, committed or threatened upon the minor child of either spouse, or any minor child in the care or custody of either spouse.
(P.A. 11-152, S. 15.)
Language in Subsec. (a) re “induced by the affection, confidence, loyalty and integrity of the marital relationship” adds a separate element to, and effectively narrows the scope of, the common-law marital communications privilege; statements must be brought about or caused by the affection, confidence, loyalty and integrity of the marital relationship, and therefore, statements made by defendant for the purpose of furthering extramarital affair and attempting to murder her husband did not fall within language of Subsec. (a). 320 C. 123.
“Induced by affection” requirement limits privilege to subset of those confidential statements made between spouses in a valid marriage which are induced by the affection, confidence, loyalty and integrity of the marital relationship. 153 CA 419; judgment affirmed, see 320 C. 123.
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