Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 20A (2026)

Privileged communications; communications with clergymen

✓ current as of July 2026

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Section 20A. A priest, rabbi or ordained or licensed minister of any church or an accredited Christian Science practitioner shall not, without the consent of the person making the confession, be allowed to disclose a confession made to him in his professional character, in the course of discipline enjoined by the rules or practice of the religious body to which he belongs; nor shall a priest, rabbi or ordained or licensed minister of any church or an accredited Christian Science practitioner testify as to any communication made to him by any person in seeking religious or spiritual advice or comfort, or as to his advice given thereon in the course of his professional duties or in his professional character, without the consent of such person.

Notes of Decisions

Cited in 24 cases, 1971–2015 · leading case: Commonwealth v. Kebreau, 909 N.E.2d 1146 (Mass. 2009).

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Commonwealth v. Kebreau, 909 N.E.2d 1146 (Mass. 2009). · cites it 6× “Pursuant to G. L. c. 233, § 20A, “A priest, rabbi or ordained or licensed minister of any church or an accredited Christian Science practitioner shall not .”

Soc'y of Jesus v. Commonwealth, 808 N.E.2d 272 (Mass. 2004). · cites it 7× “ords seeking materials from Talbot’s personnel file, the Jesuits produced some documents responsive to that subpoena, but withheld thirty-seven documents claiming that each of them was protected by one or more of the following privileges: the First Amendment (or “equivalent…”

Commonwealth v. Collett, 439 N.E.2d 1223 (Mass. 1982). · cites it 4× “233, § 20B; priest-penitent, G.L.c. 233, § 20A; physician-patient, G.L.”

Three Juveniles v. Commonwealth, 455 N.E.2d 1203 (Mass. 1983). · cites it 2× “All these statutory and common law privileges involve communications made in confidential circumstances.”

Commonwealth v. Vital, 988 N.E.2d 866 (Mass. App. Ct. 2013). · cites it 6× “The principal issue before us is whether the defendant’s pastor violated the priest-penitent privilege, G. L. c. 233, § 20A, when he testified as to inculpatory statements made by the defendant.”

Commonwealth v. Stockhammer, 570 N.E.2d 992 (Mass. 1991). “112, are not statements of absolute privilege, unlike certain other statutory testimonial privileges such as G. L. c. 233, § 20A (priest/penitent), and G.”

Commonwealth v. Jones, 535 N.E.2d 221 (Mass. 1989). · cites it 2× “233, § 20J (stating that confidential communications between a sexual assault counsellor and sexual assault victim "shall not be subject to discovery and shall be inadmissible in any criminal or civil proceeding without the prior written consent of the victim"); *343 G.L.c. 233,…”

In re Grand Jury Subpoena, 912 N.E.2d 970 (Mass. 2009). “See G. L. c. 233, § 20A (clergy privilege). See G.”

Commonwealth v. Brandwein, 760 N.E.2d 724 (Mass. 2002). “See also G. L. c. 233, § 20A (clergyman “shall not, without the consent of the person making the confession, be allowed to disclose a confession made to him in his professional character .”

Commonwealth v. Two Juveniles, 491 N.E.2d 234 (Mass. 1986). “, G. L. c. 233, § 20A [1984 ed.] [priest-penitent]), is a statement of absolute privilege.”

Commonwealth v. Marrero, 766 N.E.2d 461 (Mass. 2002). “The judge, after a voir dire, rejected Mar-rero’s claim that his statement to Montanez should have been excluded because it was privileged under G. L. c. 233, § 20A, the statute which protects, as confidential, statements made to a clergyman.”

People v. Bragg, 824 N.W.2d 170 (Mich. Ct. App. 2012). “10(1); (Kansas) Kan Stat Ann 60-429; (Kentucky) Ky R Evid 505; (Louisiana) La Code Evid Ann art 511; (Maine) Me R Evid 505; (Maryland) Md Code Ann, Cts & Jud Proc 9-111; (Massachusetts) Mass Gen Laws ch 233, § 20A; (Minnesota) Minn Stat 595.”

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