Cal. Evidence Code § 985 : California Evidence Code — Privileges — Particular Privileges — Privilege For Confidential Marital Communications — Certain crimes excepted Date: 31 Aug 2016 TEXT PDF Current through the 2016 Legislative Session There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the person or property of the other spouse or of a child of either. (b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse. (c) Bigamy. (d) A crime defined by Section 270 or 270a of the Penal Code. Ca. Evid. Code § 985