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Kansas Statutes Annotated

K.S.A. § 60-423 (2026)

Privilege of accused

✓ current as of May 2026
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60-423. Privilege of accused. (a) Every person has in any criminal action in which he or she is an accused a privilege not to be called as a witness and not to testify.

(b) An accused in a criminal action has a privilege to prevent his or her spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action in which the accused is charged with (i) a crime involving the marriage relation, or (ii) a crime against the person or property of the other spouse or the child of either spouse, or (iii) a desertion of the other spouse or a child of either spouse, or (2) as to the communication, in an action in which the accused offers evidence of a communication between himself or herself and his or her spouse.

(c) An accused in a criminal action has no privilege to refuse, when ordered by the judge, to present his or her person for identification or do any act in the presence of the judge or the trier of the facts, except to refuse to be a witness against himself or herself.

History: L. 1963, ch. 303, 60-423; January 1, 1964.

Notes of Decisions
Cited in 29 cases, 1975–2017 · leading case: State v. Newman, 680 P.2d 257 (Kan. 1984).
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State v. Newman, 680 P.2d 257 (Kan. 1984). · cites it 4× “K.S.A. 60-423(b) provides: “(b) An accused in a criminal action has a privilege to prevent his or her spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action…”
State v. Nott, 669 P.2d 660 (Kan. 1983). · cites it 8× “In Kansas this right had been made statutory law as well by the enactment of K.S.A. 60-423( a ) which provides: "Every person has in any criminal action in which he or she is an accused a privilege not to be called as a witness and not to testify.”
State v. Myers, 640 P.2d 1245 (Kan. 1982). · cites it 3× “In support of his position that the trial court erred in admitting the letters into evidence, the defendant contends that the letters were confidential communications inadmissible under K.S.A. 60-423 and K.S.A. 60-428. K.S.A. 60-423 states in part as follows: “60-423.”
State v. Christian, 841 A.2d 1158 (Conn. 2004). · cites it 2× “9 (2001); Kan. Stat. Ann. § 60-423 (b) (1994); Ky. R.”
Commonwealth v. McBurrows, 779 A.2d 509 (Pa. Super. Ct. 2001). · cites it 2× “2d 257 (1984) (holding the statutory marital privilege under K.S.A. 60-423(b) and K.S.A. 60-428(a) does not extend to all observations of the acts of one spouse by the other but is limited to spoken or written statements or nonverbal signs or gestures seeking to transmit…”
United States v. James Montgomery, United States of Am. v. Mary O'COnnOr, 384 F.3d 1050 (9th Cir. 2004). “9 ; Kan. Stat. Ann. § 60-423 (b); La.Code Evid.”
State v. Johnson, 643 P.2d 146 (Kan. 1982). · cites it 2× “The marital privilege is declared in K.S.A. 60-423, as to criminal actions, and gives the accused a privilege to prevent his spouse from being called as a witness to testify against the accused with respect to any confidential communication.”
Wesley Med. Ctr. v. Clark, 669 P.2d 209 (Kan. 1983). · cites it 2× “) K.S.A. 60-423 et seq. set forth the specific statutory privileges.”
State v. Jenkins, 39 P.3d 47 (Kan. 2002). “The statutory provisions for the spousal and lawyer-client privileges found at K.S.A. 60-423(b) and K.S.A. 60-426 respectively provide a “privilege” for a communication that is otherwise confidential.”
State v. Aikins, 932 P.2d 408 (Kan. 1997). “60-423 and 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter that will incriminate…”
Kloster v. Hancock (In Re Rockhill Pain Specialists, P.A.), 412 P.3d 1008 (Kan. Ct. App. 2017). “" However, the fact that such information is confidential and shall not be disclosed does not necessarily mean that the statute has created an evidentiary privilege. The other statutes we have discussed, K.”
State v. Green, 867 P.2d 366 (Kan. 1994). “Subject to K.S.A. 60-423 and K.S.A. 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter…”
Show all 29 citing cases →
— K.S.A. § 60-423(a) — 4 cases
State v. Nott, 669 P.2d 660 (Kan. 1983). “In Kansas this right had been made statutory law as well by the enactment of K.S.A. 60-423( a ) which provides: "Every person has in any criminal action in which he or she is an accused a privilege not to be called as a witness and not to testify.”
State v. Turner, 250 P.3d 286 (Kan. Ct. App. 2011).
State v. Wilkins – Malone (Kan. 2016).
Hogan v. State, 38 P.3d 746 (Kan. Ct. App. 2002).
— K.S.A. § 60-423(b) — 5 cases
Commonwealth v. McBurrows, 779 A.2d 509 (Pa. Super. Ct. 2001). “2d 257 (1984) (holding the statutory marital privilege under K.S.A. 60-423(b) and K.S.A. 60-428(a) does not extend to all observations of the acts of one spouse by the other but is limited to spoken or written statements or nonverbal signs or gestures seeking to transmit…”
State v. Jenkins, 39 P.3d 47 (Kan. 2002). “The statutory provisions for the spousal and lawyer-client privileges found at K.S.A. 60-423(b) and K.S.A. 60-426 respectively provide a “privilege” for a communication that is otherwise confidential.”
State v. Newman, 680 P.2d 257 (Kan. 1984). “K.S.A. 60-423(b) provides: “(b) An accused in a criminal action has a privilege to prevent his or her spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action…”
State v. Johnson, 643 P.2d 146 (Kan. 1982). “The marital privilege is declared in K.S.A. 60-423, as to criminal actions, and gives the accused a privilege to prevent his spouse from being called as a witness to testify against the accused with respect to any confidential communication.”
State v. Johnson, 621 P.2d 992 (Kan. 1981).
— K.S.A. § 60-423(b)(l)(zz) — 1 case
State v. Johnson, 621 P.2d 992 (Kan. 1981).
— K.S.A. § 60-423(fe) — 1 case
State v. Newman, 680 P.2d 257 (Kan. 1984). “K.S.A. 60-423(b) provides: “(b) An accused in a criminal action has a privilege to prevent his or her spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action…”
— K.S.A. § 60-423(h) — 1 case
State v. Newman, 680 P.2d 257 (Kan. 1984). “K.S.A. 60-423(b) provides: “(b) An accused in a criminal action has a privilege to prevent his or her spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action…”
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