(1) Except as provided in subsection (2) of this section, in all criminal actions in which a spouse in a marriage is the party accused, the other spouse is a competent witness, but neither spouse shall be compelled or allowed to testify in a criminal action, except as provided in ORS § 40.255.

Terms Used In Oregon Statutes 136.655

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Testify: Answer questions in court.

(2) There is no privilege under this section, or under ORS § 40.255 in all criminal actions in which a spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 § 1; 1981 c.892 § 89; 2015 c.629 § 29]

 

[Amended by 1973 c.836 § 244; renumbered 136.465]

 

[Amended by 1973 c.836 § 245; renumbered 136.470]

 

(Hypnotized Witnesses)

 

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