Tennessee Code Annotated
Tenn. Code Ann. § 24-1-206 (2026)
Clergy - Communications confidential - Waiver - Misdemeanor offense
✓ current as of May 2026
- (a)
- (1) No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person's professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person's practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted.
- (2) It shall be the duty of the judge of the court wherein such litigation is pending, when such testimony as prohibited in this section is offered, to determine whether or not that person possesses the qualifications which prohibit that person from testifying to the communications sought to be proven by that person.
- (b) The prohibition of this section shall not apply to cases where the communicating party, or parties, waives the right so conferred by personal appearance in open court so declaring, or by an affidavit properly sworn to by such a one or ones, before some person authorized to administer oaths, and filed with the court wherein litigation is pending.
- (c) Nothing in this section shall modify or in any way change the law relative to "hearsay testimony."
- (d) Any minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or any regular minister of religion of any religious organization or denomination usually referred to as a church, who violates this section, commits a Class C misdemeanor.
Acts 1959, ch. 24, §§ 1-5; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 24-109 -- 24-111; modified; Acts 1989, ch. 591, § 113.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1987–2022 · leading case: State v. Reid, 164 S.W.3d 286 (Tenn. 2005).
State v. Reid, 164 S.W.3d 286 (Tenn. 2005). “See Tenn. Code Ann. § 24-1-206 (2000). Similarly, the record shows that the defense called Mary Ann Hea during the competency hearing to testify about her numerous interviews with the defendant as a social worker for the public defender.”
Smith v. Smith, 102 S.W.3d 648 (Tenn. Ct. App. 2002). “The Trial Court read a portion of Tenn.Code Ann. § 24-1-206 to allow Reverend Griffin to determine if his answers fell within the parameters of such confidences.”
Vermilye v. State, 754 S.W.2d 82 (Tenn. Crim. App. 1987). “The privilege created by T.C.A. § 24-1-206 is for the protection of the person communicating the information to the minister, not the minister.”
In Re Grand Jury Investigation. Appeal of United States of Am., 918 F.2d 374 (3rd Cir. 1990). “§§ 19-13-16 — 19-13-18 (1990); Tenn.Code Ann. § 24-1-206 (1990); Utah Code Ann.”
State v. Boling, 806 S.W.2d 202 (Tenn. Crim. App. 1990). “The pertinent statute, Tennessee Code Annotated, § 24-1-206, provides as follows: (a)(1) No minister of the gospel, no priest of the Catholic Church, no rector of the Episcopal Church, no ordained rabbi, and no regular minister of religion of any religious organization or…”
John F. Pinkard, M.D. v. HCA Health Servs. of Tennessee, Inc. D/B/A Summit Med. Ctr., 545 S.W.3d 443 (2017). “§ 24-7-114 , the news reporter’s privilege, Tenn. Code Ann. § 24-1-208 , and the clergy-penitent privilege, Tenn.”
Jackson v. Futrell (Tenn. Ct. App. 2000). “Jackson also takes issue with the trial court’s decision to explain the operation of the clergy-penitent privilege in Tenn. Code Ann. § 24-1-206 (Supp. 1999) to the Reverend Moore.”
State of Tennessee v. Deon Lamont Cartmell (Tenn. Crim. App. 2014). “-26- The Defendant sought to prevent the State’s witnesses from referring to his statements to Chaplain Duke because they were privileged pursuant to Code section 24-1-206. The State responded that the Defendant did not attend church where the chaplain was the minister, did not…”
State of Tennessee v. Billy Jason Hancock (Tenn. Crim. App. 2014). “Code section 24-1-206 provides, in pertinent part, as follows: No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church,…”
Mahan v. Mahan (Tenn. Ct. App. 2000). “Through its enactment of Tenn. Code Ann. § 24-1-206 , our legislature has stated very clearly that communications between individuals and their clergy merit protection from disclosure.”
Megan Arndts Woody v. Jeremy Brice Woody (Tenn. Ct. App. 2022). “According to Mother, after 4 See Tenn. Code Ann. § 24-1-206 (explaining that clergy members shall not be required to disclose confidential information during testimony).”
State of Tennessee v. Jeremy Curtis Workman (Tenn. Crim. App. 2011). “T.C.A. § 24-1-206(a)(1) (2009). There are, however, exceptions to this privilege; specifically, an exception to the privilege exists in child sexual abuse cases: The privileged quality of communication between husband and wife and between any professional person and the…”
— Tenn. Code Ann. § 24-1-206(a)(1) — 3 cases
State of Tennessee v. Jeremy Curtis Workman (Tenn. Crim. App. 2011). “T.C.A. § 24-1-206(a)(1) (2009). There are, however, exceptions to this privilege; specifically, an exception to the privilege exists in child sexual abuse cases: The privileged quality of communication between husband and wife and between any professional person and the…”
State of Tennessee v. Deon Lamont Cartmell (Tenn. Crim. App. 2014). “-26- The Defendant sought to prevent the State’s witnesses from referring to his statements to Chaplain Duke because they were privileged pursuant to Code section 24-1-206. The State responded that the Defendant did not attend church where the chaplain was the minister, did not…”
State of Tennessee v. Billy Jason Hancock (Tenn. Crim. App. 2014). “Code section 24-1-206 provides, in pertinent part, as follows: No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church,…”
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