Evid. Code, § 985 · Article 5. Privilege for Confidential Marital Communications
Evid. Code, § 985
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Amended by Stats. 1975, Ch. 71.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=985.
- Text hash
- sha256 76161fb46828911477f92b178a2dc708809d05a7717a9f87514d7a8057376f88
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.