A. A communication is confidential for purposes of this section if it is made privately by any person to the person's spouse and is not intended for disclosure to any other person.
§ 2504.Husband-Wife Privilege
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceSection 2504 lets a criminal defendant prevent a spouse from testifying about confidential communications made between them, unless the charged crime was committed against the other spouse, a child of either, a household member, or a third person during such a crime.
Full Text of § 2504
B. An accused in a criminal proceeding has a privilege to prevent the spouse of the accused from testifying as to any confidential communication between the accused and the spouse.
C. 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. 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 when the crime is committed in the course of committing a crime against any other person named in this section.
Amendment History
Laws 1978, SB 276, c. 285, § 503, eff. 10/1/1978; Amended by Laws 1980, HB 1942, c. 113, § 1, eff. 10/1/1980; Amended by Laws 2002, HB 1939, c. 468, §34, eff. 11/1/2002.
Plain-English Summary
This section protects confidential marital communications -- statements made privately between spouses with no intent that anyone else hear them -- from being used against the accused spouse in a criminal case. Only the accused holds the privilege here; the accused or the spouse, whose authority to claim it on the accused's behalf is presumed, can invoke it to keep the spouse off the stand as to those communications.
Subsection D lists four situations where the privilege doesn't apply: when one spouse is charged with a crime against the other, against a child of either, against someone living in either spouse's household, or against a third person if the crime happened while committing a crime against anyone else named in the section. These carve-outs mean the privilege can't shield an abuser from a spouse's testimony about the abuse itself.
Frequently Asked Questions
Does this privilege apply in civil cases?
No. Section 2504(B) limits it to an accused in a criminal proceeding, protecting confidential communications with a spouse from being used at that trial.
Who holds the privilege, the accused or the spouse?
The accused. The spouse can claim it on the accused's behalf, and the section presumes the spouse has authority to do so, but the privilege exists to protect the accused.
Can a spouse charged with domestic violence use this privilege to silence the other spouse?
No. Section 2504(D) removes the privilege when the crime charged is against the other spouse, a child of either, a household member, or a third person harmed during such a crime.
What makes a marital communication "confidential" under this section?
It must be made privately by one spouse to the other, with no intent that it reach anyone else.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma spousal privilegehusband wife privilege oklahoma criminalmarital communications privilege oklahoma12 O.S. § 2504