{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-271.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-271.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-271.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-271.2.html"}],"law_id":66486,"edition_id":1,"section_id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","history":"Code 1950, \u00a7 8-288; 1950, p. 664; 1958, c. 231; 1960, c. 469; 1977, c. 624; 1988, c. 482; 1993, c. 637; 1996, c. 423; 2005, c. 809; 2020, c. 900.","full_text":"In criminal cases, persons married to each other shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (\u00a7\u00a7 18.2-61 through 18.2-67.10), crimes against nature (\u00a7 18.2-361) involving a minor as a victim and provided that the defendant and the victim are not married to each other, incest (\u00a7 18.2-366), or abuse of children (\u00a7\u00a7 18.2-370 through 18.2-371). The failure of either spouse to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.\n\t\tExcept in the prosecution for a criminal offense as set forth in clause (i), (ii), or (iii), in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, “confidential communication” means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.","order_by":null,"text":{"0":{"id":241269,"text":"In criminal cases, persons married to each other shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (\u00a7\u00a7 18.2-61 through 18.2-67.10), crimes against nature (\u00a7 18.2-361) involving a minor as a victim and provided that the defendant and the victim are not married to each other, incest (\u00a7 18.2-366), or abuse of children (\u00a7\u00a7 18.2-370 through 18.2-371). The failure of either spouse to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.\n\t\tExcept in the prosecution for a criminal offense as set forth in clause (i), (ii), or (iii), in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, “confidential communication” means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},"next_section":{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-271.2\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 231; in 1960, chapter 469; in 1977, chapter 624; in 1988, chapter 482; in 1993, chapter 637; in 1996, chapter 423<\/a>; in 2005, chapter 809<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":false,"refers_to":[{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":77985,"section_number":"18.2-67.10","catch_line":"General definitions","order_by":null,"url":"\/18.2-67.10\/"}],"permalink":{"id":169303,"object_type":"law","relational_id":66486,"identifier":"19.2-271.2","token":"19.2\/16\/1\/19.2-271.2","url":"\/19.2-271.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","dublin_core":{"Title":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-271.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In criminal cases, persons married to each other shall be allowed, and, subject to the rules of evidence<\/span> governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness<\/span> against the other, except (i) in the case of a prosecution<\/span> for an offense<\/span> committed by one against the other, against a minor<\/span> child of either, or against the property of either; (ii) in any case where either is charged with forgery<\/span> of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws<\/span> pertaining to criminal sexual assault<\/span> (\u00a7\u00a7 18.2-61<\/a> through 18.2-67.10<\/a>), crimes<\/span> against nature (\u00a7 18.2-361<\/a>) involving a minor<\/span> as a victim and provided that the defendant<\/span> and the victim are not married to each other, incest (\u00a7 18.2-366<\/a>), or abuse of children (\u00a7\u00a7 18.2-370<\/a> through 18.2-371<\/a>). The failure of either spouse to testify, however, shall create no presumption<\/span> against the accused<\/span>, nor be the subject of any comment before the court<\/span> or jury<\/span> by any attorney.\n\t\tExcept in the prosecution<\/span> for a criminal offense<\/span> as set forth in clause (i), (ii), or (iii), in any criminal proceeding, a person has a privilege<\/span> to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication<\/span> between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects<\/span> to disclosure. For the purposes of this section, “confidential communication<\/span>” means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTIMONY OF SPOUSES IN CRIMINAL CASES (SUBSECTION (B) OF SUPREME COURT RULE\n2:504 DERIVED FROM THIS SECTION) (\u00a7 19.2-271.2)\n\nIn criminal cases, persons married to each other shall be allowed, and, subject\nto the rules of evidence governing other witnesses, may be compelled to testify\nin behalf of each other, but neither shall be compelled to be called as a\nwitness against the other, except (i) in the case of a prosecution for an\noffense committed by one against the other, against a minor child of either, or\nagainst the property of either; (ii) in any case where either is charged with\nforgery of the name of the other or uttering or attempting to utter a writing\nbearing the allegedly forged signature of the other; or (iii) in any proceeding\nrelating to a violation of the laws pertaining to criminal sexual assault (\u00a7\u00a7\n18.2-61 through 18.2-67.10), crimes against nature (\u00a7 18.2-361) involving a\nminor as a victim and provided that the defendant and the victim are not married\nto each other, incest (\u00a7 18.2-366), or abuse of children (\u00a7\u00a7 18.2-370 through\n18.2-371). The failure of either spouse to testify, however, shall create no\npresumption against the accused, nor be the subject of any comment before the\ncourt or jury by any attorney.\n\t\tExcept in the prosecution for a criminal offense as set forth in clause (i),\n(ii), or (iii), in any criminal proceeding, a person has a privilege to refuse\nto disclose, and to prevent anyone else from disclosing, any confidential\ncommunication between his spouse and him during their marriage, regardless of\nwhether he is married to that spouse at the time he objects to disclosure. For\nthe purposes of this section, “confidential communication” means a\ncommunication made privately by a person to his spouse that is not intended for\ndisclosure to any other person.\n\nHISTORY: Code 1950, \u00a7 8-288; 1950, p. 664; 1958, c. 231; 1960, c. 469; 1977, c.\n624; 1988, c. 482; 1993, c. 637; 1996, c. 423; 2005, c. 809; 2020, c. 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}