Religious privilege.

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A. As used in this section:

1. A "cleric" is a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or any individual reasonably believed to be a cleric by the person consulting the cleric; and

2. A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

B. A person has a privilege to refuse to disclose and to prevent another from disclosing his confidential communication made to a clergyman acting in his professional capacity.

C. The privilege may be claimed by the person, by the person’s guardian or conservator, or by the person’s personal representative if the person is deceased. The cleric is presumed to have authority to claim the privilege but only on behalf of the communicant.

Added by Laws 1978, c. 285, § 505, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 35, eff. Nov. 1, 2002.


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