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IDAHO STATUTES AND CODES

19-3002 HUSBAND AND WIFE AS WITNESSES.

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 30

WITNESSES IN CRIMINAL PROCEEDINGS

19-3002. Husband and wife as witnesses. Neither husband nor wife are competent witnesses for or against each other in a criminal action or proceeding to which one or both are parties, except:

1. With the consent of both, or

2. In cases of criminal violence upon one by the other; or acts of physical injury upon a child of either the husband or the wife where the injury has been caused as a result of physical abuse or neglect by one or both of the parents; or to acts or attempted acts of lewd conduct with a minor child; or

3. In cases of desertion or nonsupport of wife or child by the husband.

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