46-16-212 . Competency of spouses. (1) Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless: (a) consent of the defendant-spouse is obtained; (b) the defendant-spouse has been charged with an act of criminal violence against the other; or (c) the defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse's children. (2) Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.
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