A married person does not have a privilege under this article in:
(a)A proceeding brought by or on behalf of one spouse against the other spouse.
(b)A proceeding to commit or otherwise place his or her spouse or his or her spouse’s property, or both, under the control of another because of the spouse’s alleged mental or physical condition.
(c)A proceeding brought by or on behalf of a spouse to establish his or her competence.
(d)A proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(e)A criminal proceeding in which one spouse is charged with:
(1)A crime against the person or property of the other spouse or of a child, parent, relative, or cohabitant of either, whether committed before or during marriage.
(2)A crime 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, whether committed before or during marriage.
(3)Bigamy.
(4)A crime defined by Section 270 or 270a of the Penal Code.
(f)A proceeding resulting from a criminal act which occurred prior to legal marriage of the spouses to each other regarding knowledge acquired prior to that marriage if prior to the legal marriage the witness spouse was aware that his or her spouse had been arrested for or had been formally charged with the crime or crimes about which the spouse is called to testify.
(g)A proceeding brought against the spouse by a former spouse so long as the property and debts of the marriage have not been adjudicated, or in order to establish, modify, or enforce a child, family or spousal support obligation arising from the marriage to the former spouse; in a proceeding brought against a spouse by the other parent in order to establish, modify, or enforce a child support obligation for a child of a nonmarital relationship of the spouse; or in a proceeding brought against a spouse by the guardian of a child of that spouse in order to establish, modify, or enforce a child support obligation of the spouse. The married person does not have a privilege under this subdivision to refuse to provide information relating to the issues of income, expenses, assets, debts, and employment of either spouse, but may assert the privilege as otherwise provided in this article if other information is requested by the former spouse, guardian, or other parent of the child.
Any person demanding the otherwise privileged information made available by this subdivision, who also has an obligation to support the child for whom an order to estabish, modify, or enforce child support is sought, waives his or her marital privilege to the same extent as the spouse as provided in this subdivision.
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 1965–2021 · leading case:
People v. Sinohui, 47 P.3d 629 (Cal. 2002).
People v. Sinohui, 47 P.3d 629 (Cal. 2002).
· cites it 4× “” Evidence Code section 972 then defines numerous exceptions.”
People v. Lucas, 907 P.2d 373 (Cal. 1995).
· cites it 2× “" A third provision, Evidence Code section 972, lists situations in which the testimonial privileges of Evidence Code sections 970 and 971 are not available.”
People v. Fierro, 821 P.2d 1302 (Cal. 1991).
· cites it 2× “[20] Evidence Code section 972, subdivision (f) makes the spousal privilege inapplicable in "A proceeding resulting from a criminal act which occurred prior to legal marriage of the spouses to each other regarding knowledge acquired prior to that marriage if prior to the legal…”
United States v. Banks, 556 F.3d 967 (9th Cir. 2009).
· cites it 2× “" Cal. Evid.Code § 972(c)(1) (emphasis added).”
People v. Bogle, 41 Cal. App. 4th 770 (Cal. Ct. App. 1995).
· cites it 3× “The jury properly conducted an experiment within the lines of offered evidence to fulfill its obligations.”
People v. Wutzke, 51 P.3d 310 (Cal. 2002).
“(k) [defining actionable physical invasions of privacy against “the plaintiffs family or significant others" *935 (italics added)]; Evid. Code, § 972, subd. (e)(1) [limiting the scope of the spousal testimonial privilege in cases involving a spouse, “child, parent, relative, or…”
Fortes v. Mun. Court, 113 Cal. App. 3d 704 (Cal. Ct. App. 1980).
· cites it 3× “comment to *709 Evid. Code, § 972, 29B West’s Ann. Evid. Code (1966 ed.”
People v. Siravo, 17 Cal. App. 4th 555 (Cal. Ct. App. 1993).
· cites it 2× “(Evid. Code, § 972, subd. (e).) Thus, we find no error in the trial court’s ruling on the issue of privilege, nor in any other ruling as to which appellant claims error, and affirm the judgment.”
Anderson v. State, 436 P.3d 1071 (Alaska Ct. App. 2018).
· cites it 2× “15 Some jurisdictions have also expanded this exception to include an “any child” exception — which means that spouses are precluded from asserting their marital privileges in a prosecution involving sexual abuse of any child, regardless of whether the 14 See, e.”
People v. Mathis, 406 P.2d 65 (Cal. 1965).
“(Evid. Code, § 972, subd. (e).) The defendant, in the instant case, was not charged with assault upon his wife but rather was tried for the murder of Vernon Ray.”
People v. Resendez, 12 Cal. App. 4th 98 (Cal. Ct. App. 1998).
“” As noted by the trial court, Evidence Code section 972, subdivision (e)(2) does not “literally” apply under the facts of the instant case.”
People v. Seastone, 3 Cal. App. 3d 60 (Cal. Ct. App. 1969).
“Code, § 971), the answer is that such a privilege does not exist where one’s spouse is charged with a crime against the other spouse or against a child of either (Evid. Code, § 972; People v. Brown, 262 Cal.”
Cal. Evidence Code § 972(b): 1 case
Cal. Evidence Code § 972(c)(1): 1 case
Cal. Evidence Code § 972(e)(2): 1 case
People v. Sinohui, 47 P.3d 629 (Cal. 2002).
“” Evidence Code section 972 then defines numerous exceptions.”
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