60-428. Marital privilege, confidential communications.
60-428
60-428. Marital privilege, confidential communications.(a) General rule. Subject to K.S.A. 60-437 and except as otherwiseprovided in subsections (b) and (c) of this section, a spouse whotransmitted to the other the information which constitutes the communication,has a privilege during the marital relationship which he or she mayclaim whether or not a party to the action, to refuse to disclose andto prevent the other from disclosing communications found by the judge tohave been had or made in confidence between them while husband and wife.The other spouse or either his or her guardian or conservator may claim theprivilege on behalf of the spouse having the privilege.
(b) Exceptions. Neither spouse may claim such privilege (1) in anaction by one spouse against the other spouse, or (2) in an action fordamages for the alienation of the affections of the other, or for criminalconversation with the other, or (3) in a criminal action in which one ofthem is charged with a crime against the person or property of the other orof a child of either, or a crime against the person or property of a thirdperson committed in the course of committing a crime against the other, orbigamy or adultery, or desertion of the other or of a child of either, or (4)in a criminal action in which the accused offers evidence of a communicationbetween him or her and his or her spouse, or (5) if the judge finds thatsufficient evidence, aside from the communication, has been introduced towarrant a finding that the communication was made, in whole or in part, toenable or aid anyone to commit or to plan to commit a crime or a tort.
(c) Termination. A spouse who would otherwise have a privilegeunder this section has no such privilege if the judge finds that suchspouse while the holder of the privilege testified or caused another totestify in any action to any communication between the spouses upon thesame subject matter.
History: L. 1963, ch. 303, 60-428; L. 1965, ch.354, § 9; Jan. 1, 1966.