Legal Question in Criminal Law in New Mexico

Re: Laws regarding spouses

There has been considerable erosion of the doctrine of intra-spousal immunity in recent years, as part of an over-all erosion of individual civil rights which continues. Basically, if a couple participates jointly in a crime, or if one spouse commits a crime against the other, then there is no privilege and the spouse must testify. Also, if the testifying spouse is granted immunity from prosecution for his/her acts, then s/he can be compelled to testify. A spouse still may not be compelled to testify concerning crimes by the other spouse which are simply reported, commonly referred to as 'pillow-talk.'