Select your state

Churches and clergy

clergy-penitent privilege

The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In Pennsylvania, the clergy-penitent privilege is recognized and codified in the Pennsylvania Consolidated Statutes, Title 42, Section 5943. This statute provides that a confession or confidential communication made to a clergyman in his or her professional capacity is privileged. This means that the clergy member cannot be compelled to testify about the confession or communication in court, and the individual who made the confession can also refuse to disclose the information. The privilege applies to communications made in confidence and in the course of the discipline or practice of the church or religious organization. However, there are exceptions to this privilege, such as when the communication pertains to child abuse or if the privilege is waived by the person who made the confession.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Churches and clergy

clergy-penitent privilege

Individual & Family Legal Plan

Articles

Pennsylvania State Code

Pennsylvania State Code

Churches and clergy

clergy-penitent privilege

Articles