Situation in the US 2026

In the United States, mandatory reporting laws for crimes (primarily focused on child abuse or neglect) vary by state. Most states recognize some form of clergy-penitent privilege (also called clergy-communicant privilege), which protects confidential communications like those in the sacrament of confession or similar religious rites, allowing clergy to withhold such information even if they are mandatory reporters.However, a small number of states explicitly do not recognize this privilege (or provide no exception for it) in the context of child abuse/neglect reporting. In these states, clergy must report suspected abuse even if the information was obtained solely through confession or equivalent confidential spiritual communications.As of the most recent available information (including updates through 2025), the states where clergy are required to report child abuse/neglect without an exception for information learned in confession include:

• New Hampshire

• North Carolina

• Oklahoma

• Texas

• West Virginia

Some sources also reference Rhode Island in this category (as one of the states denying the privilege via "any person" universal reporting without exception), though it is occasionally grouped slightly differently. In Tennessee, the privilege is denied specifically for cases of child sexual abuse.These requirements typically apply to child abuse/neglect rather than all crimes in general. No state broadly requires reporting of all crimes (e.g., theft, fraud, or adult assaults) heard in confession—mandatory reporting is almost always limited to child protection contexts (and sometimes elder/vulnerable adult abuse).Important notes:

• Enforcement and prosecutions of clergy for failing to report confession-based information have been rare or nonexistent in these states, partly due to First Amendment concerns and practical challenges.

• Recent attempts in other states (e.g., Washington in 2025) to impose similar no-exception rules were enacted but later limited or not enforced via settlements, injunctions, or agreements preserving confessional confidentiality.

• Laws can change, so for the most current status or specific cases, consult official state statutes or legal experts.

This applies mainly to child abuse reporting, as that's the context where conflicts with confessional secrecy most commonly arise.

The clergy-penitent privilege, which shields confidential confessions from disclosure in child abuse reporting laws, violates the 14th Amendment's Equal Protection Clause and is unacceptable in a society committed to equal justice.Most states exempt religious communications from mandatory reporting, allowing clergy to withhold information about child abuse learned in confession—while secular professionals (e.g., teachers, therapists, doctors) face penalties for failing to report similar knowledge. This creates unequal treatment: children are protected unevenly based on whether abuse is disclosed religiously or secularly, discriminating against non-religious mandatory reporters and victims who lack access to such exemptions.The 14th Amendment demands that laws apply equally, without favoring one group over another absent compelling justification. Granting special protections to religious privileges—while denying comparable safeguards elsewhere—fails this scrutiny, as seen in challenges to Washington's SB 5375 (settled in 2025 to preserve confessional secrecy after equal protection claims). Perpetuating this loophole endangers children and undermines uniform protection under the law.No child's safety should depend on the forum of disclosure. States must eliminate these discriminatory exemptions to ensure true equal protection for all victims.