As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization.
Particular PrivilegesClergy Penitent Privileges
Section § 1030
This section defines what is meant by 'member of the clergy' for legal purposes. It includes roles such as priests, ministers, and religious practitioners associated with churches or religious organizations.
member of the clergy priest minister
Section § 1031
This law section defines the term "penitent" as any person who has communicated with a member of the clergy seeking spiritual guidance or making a confession.
As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
penitent penitential communication clergy member
Section § 1032
This law defines what 'penitential communication' means. It is a private conversation between a person and a clergy member, intended to be confidential. No third person should be present, as far as the penitent knows. The clergy member must be someone who is officially recognized in their religious organization to hear such communications, and they are required by their faith to keep these conversations secret.
As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret.
penitential communication confidential communication clergy confidentiality
Section § 1033
If someone confesses to a religious figure like a priest, they have the right to keep that confession private. They can choose not to share it and also stop others from sharing it if they claim this privilege.
Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege.
penitent privilege confession confidentiality prevent disclosure
Section § 1034
This law allows clergy members, like priests or ministers, to keep certain private communications confidential if they choose to. These are called "penitential communications," often involving personal confessions, and they have the right to not reveal these conversations in legal settings.
Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims the privilege.
clergy confidentiality penitential communication clergy privilege
