South Dakota § 19-19-504 - Spousal privilege.
Full text of South Dakota South Dakota Codified Laws § 19-19-504 — Spousal privilege., with citation guidance and answers to common questions.
§ 19-19-504. Spousal privilege.
(a) Definition. A communication is confidential if it is made privately by any person to his or her spouse during their marriage and is not intended for disclosure to any other person.
(b) General rule of privilege. An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.
(c) Who may claim the privilege. The privilege may be claimed by the accused or by the spouse on behalf of the accused. The authority of the spouse to do so is presumed.
(d) Exceptions. There is no privilege under this section in a proceeding in which one spouse is charged with a crime against the person or property of:
(1) The other;
(2) A child of either;
(3) A person residing in the household of either; or
(4) A third person committed in the course of committing a crime against any of them.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 504); SDCL §§ 19-13-12 to 19-13-15.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 19-19-504
What does South Dakota Codified Laws § 19-19-504 cover?
Section 19-19-504 ("Spousal privilege.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 19-19-504?
A common citation format is "South Dakota Codified Laws § 19-19-504" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 19-19-504 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.