(a) Definition.(1) "Confidential communication" means a communication: (A) made privately by any person to his or her spouse; and(B) not intended for disclosure to any other person.(b) Privilege in Criminal Proceedings. In a criminal proceeding, a wife may not be compelled to testify against her husband, nor a husband against his wife.(c) Statement of the Privilege. An individual has a privilege during the person's life:(d) Who May Claim Privilege. The privilege may be claimed by: (1) the person who made the confidential communication;(2) the person's guardian or conservator;(3) the non-communicating spouse to whom the confidential communication was made may claim the privilege on behalf of the person who made the confidential communication during the life of the communicating spouse.(e) Exceptions to the Privilege. No privilege exists under paragraph (c) in the following circumstances:(1) Spouses as Adverse Parties. In a civil proceeding in which the spouses are adverse parties; (ii) to plan to commit, or (iii) to conceal a crime or a tort; (2) Furtherance of Crime or Tort. As to any communication which was made, in whole or in part, to enable or aid anyone to commit; to plan to commit; or to conceal a crime or a tort.(iii) a person residing in the household of either, or (iv) a third person if the crime or tort is committed in the course of committing a crime or tort against any of the persons previously named; (3) Spouse Charged with Crime or Tort. In a proceeding in which one spouse is charged with a crime or a tort against the person or property of: (B) the child of either spouse;(C) a person residing in the household of either spouse; or(D) a third person if the crime or tort is committed in the course of committing a crime or tort against any of the persons named above.(4) Interest of Minor Child. If the interest of a minor child of either spouse may be adversely affected, the Court may refuse to allow invocation of the privilege.Advisory Committee Note. The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.