8-57. Husband and wife as witnesses in criminal actions.
(a) The spouse of the defendant shall be a competent witness for the defendant in all criminal actions, but the failure of the defendant to call such spouse as a witness shall not be used against him. Such spouse is subject to cross-examination as are other witnesses.
(b) The spouse of the defendant shall be competent but not compellable to testify for the State against the defendant in any criminal action or grand jury proceedings, except that the spouse of the defendant shall be both competent and compellable to so testify:
(1) In a prosecution for bigamy or criminal cohabitation, to prove the fact of marriage and facts tending to show the absence of divorce or annulment;
(2) In a prosecution for assaulting or communicating a threat to the other spouse;
(3) In a prosecution for trespass in or upon the separate lands or residence of the other spouse when living separate and apart from each other by mutual consent or court order;
(4) In a prosecution for abandonment of or failure to provide support for the other spouse or their child;
(5) In a prosecution of one spouse for any other criminal offense against the minor child of either spouse, including any child of either spouse who is born out of wedlock or adopted or a foster child.
(c) No husband or wife shall be compellable in any event to disclose any confidential communication made by one to the other during their marriage. (1856-7, c. 23; 1866, c. 43; 1868-9, c. 209; 1881, c. 110; Code, ss. 588, 1353, 1354; Rev., ss. 1634, 1635, 1636; C.S., s. 1802; 1933, c. 13, s. 1; c. 361; 1951, c. 296; 1957, c. 1036; 1967, c. 116; 1971, c. 800; 1973, c. 1286, s. 11; 1983, c. 170, s. 1; 1985 (Reg. Sess., 1986), c. 843, s. 5; 1987 (Reg. Sess., 1988), c. 1040, s. 1; 1989 (Reg. Sess., 1990), c. 1039, s. 4; 1991, c, 686, s. 3; 2013-198, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7 - Competency of Witnesses.
§ 8-49 - Witness not excluded by interest or crime.
§ 8-50 - Parties competent as witnesses.
§ 8-50.1 - Competency of blood tests; jury charge; taxing of expenses as costs.
§ 8-50.2 - Results of speed-measuring instruments; admissibility.
§ 8-50.3 - Expired September 30, 2007.
§ 8-51.1 - Dying declarations.
§ 8-53 - Communications between health care provider and patient.
§ 8-53.1 - Physician-patient and nurse privilege; limitations.
§ 8-53.2 - Communications between clergymen and communicants.
§ 8-53.3 - Communications between psychologist and client or patient.
§ 8-53.4 - School counselor privilege.
§ 8-53.5 - Communications between licensed marital and family therapist and client(s).
§ 8-53.6 - No disclosure in alimony and divorce actions.
§ 8-53.7 - Social worker privilege.
§ 8-53.8 - Counselor privilege.
§ 8-53.9 - Optometrist/patient privilege.
§ 8-53.10 - Peer support group counselors.
§ 8-53.11 - Persons, companies, or other entities engaged in gathering or dissemination of news.
§ 8-53.14 - Communications between behavior analyst and client or patient.
§ 8-54 - Defendant in criminal action competent but not compellable to testify.
§ 8-55 - Testimony enforced in certain criminal investigations; immunity.
§ 8-56 - Husband and wife as witnesses in civil action.
§ 8-57 - Husband and wife as witnesses in criminal actions.
§ 8-57.1 - Husband-wife privilege waived in child abuse.
§ 8-57.2 - Presumed father or mother as witnesses where paternity at issue.
§ 8-58.1 - Injured party as witness when medical charges at issue.