What needs to change in Wisconsin.

• Confessional carve-out at § 48.981(2)(bm)3. — broader than formal sacramental confession

  Wis. Stat. § 48.981(2)(bm)3. exempts a member of the clergy from the reporting duty for information received "solely through confidential communications made to him or her privately or in a confessional setting" if the clergy member is authorized or accustomed to hear such communications and, "under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret." The statute adds that those disciplines, tenets, or traditions "need not be in writing." The unwritten-authorization clause broadens the exemption well beyond formal sacramental confession, allowing any religious institution to invoke the carve-out by pointing to custom or expectation rather than a documented religious rule.

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• Evidentiary privilege at § 905.06(4) is a closed loop with the reporting carve-out

  Wis. Stat. § 905.06(4), created by 2003 Wis. Act 279, removes the clergy-penitent evidentiary privilege only for observations or information that a member of the clergy "is required to report" under § 48.981(2)(bm). Because § 48.981(2)(bm)3. exempts confessional communications from the reporting duty itself, those same communications remain fully privileged in court. The privilege exception provides no independent backstop: the statute cannot reach any communication the reporting duty does not already reach.

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• 2003 Wis. Act 279 — origin of the express clergy-reporting framework

  2003 Wis. Act 279 (effective April 30, 2004) created the express clergy-reporting architecture now codified at Wis. Stat. § 48.981(1)(cx), § 48.981(2)(bm), and § 905.06(4). The legislation was enacted alongside a civil cause of action for sexual exploitation by clergy and extended statutes of limitations for related prosecutions. The confessional carve-out at (2)(bm)3. was enacted as part of the same Act — the reporting duty and its exemption were written together from the start.

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• Clergy expressly defined at § 48.981(1)(cx) — penalty at § 48.981(6)

  Wisconsin's mandatory-reporting statute provides a dedicated statutory definition of "member of the clergy" at § 48.981(1)(cx), cross-referencing Wis. Stat. § 765.002(1) and expressly listing brothers, ministers, monks, nuns, priests, rabbis, and sisters. Intentional failure to report carries a penalty under § 48.981(6) of a fine up to $1,000, imprisonment up to six months, or both. Good-faith reporters receive immunity from civil or criminal liability under § 48.981(4).

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What it takes to close the gap.

How Wisconsin got here.

• 2004
  2003 Wis. Act 279 takes effect — express clergy-reporting framework created

  Effective April 30, 2004. Wisconsin adds clergy as expressly named mandated reporters at § 48.981(2)(bm), with the statutory definition at (1)(cx) and the confessional carve-out at (2)(bm)3. enacted simultaneously. The paired evidentiary-privilege exception at § 905.06(4) takes effect on the same date.

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• 2019-20
  SB 382 — first repeal attempt fails

  SB 382 would have repealed § 48.981(2)(bm)3. entirely, while amending § 48.981(2)(bm)1. and 2. Introduced August 29, 2019, referred to the Committee on Insurance, Financial Services, Government Oversight and Courts, and failed April 1, 2020, pursuant to Senate Joint Resolution 1. The committee record shows no hearing was held.

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• 2021-22
  SB 1073 — repeal attempt fails again

  SB 1073 reintroduced the same repeal of § 48.981(2)(bm)3. in the 2021-22 session, again pairing it with amendments to § 48.981(2)(bm)1. and 2. Introduced March 9, 2022, referred to the Committee on Human Services, Children and Families, and failed March 15, 2022, pursuant to Senate Joint Resolution 1. The committee record shows no hearing was held.

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Litigation shaping the law.

• State v. Kunkel

  137 Wis. 2d 172, 404 N.W.2d 69 (Ct. App. 1987)·1987

  Wisconsin Court of Appeals narrowed the reach of the clergy-penitent privilege at Wis. Stat. § 905.06. A priest voluntarily disclosed to police that a defendant would lead them to the body of a missing child. The court held that the privilege under § 905.06 protects against compelled disclosure in judicial proceedings — it does not bar the use of voluntarily disclosed information as a basis for further police investigation. The case is the principal annotated authority on § 905.06 and is cited in the statutory annotations. It does not disturb the § 48.981(2)(bm)3. reporting carve-out itself, but it confirms that the privilege is a testimonial shield, not a bar on voluntary clergy cooperation with law enforcement.

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Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

• Wisconsin State Legislature· 2023-24 Wis. Stats. (through Act 82, Jan. 2026)
  Wis. Stat. § 48.981 — Abused or neglected children and abused unborn children

  Principal mandatory-reporting statute. § 48.981(1)(cx) defines 'member of the clergy'; § 48.981(2)(bm)1.-2. imposes the reporting duty; § 48.981(2)(bm)3. creates the confessional carve-out; § 48.981(6) sets the penalty for intentional failure to report.

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• Wisconsin State Legislature· Updated through 2025 Wis. Act 47
  Wis. Stat. § 48.981(2) — Mandatory reporter categories and clergy subsection (bm)

  Section-level rendering of the operative clergy reporting language at (2)(bm)1., (2)(bm)2., and the (2)(bm)3. confidential-communications exception. Lists the 29 enumerated mandated reporter occupations under (2)(a).

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• Wisconsin State Legislature· Updated through 2025 Wis. Act 82
  Wis. Stat. § 905.06(4) — Communications to members of the clergy: exception for required child-abuse reporting

  Evidentiary privilege statute. § 905.06(2) creates the general clergy-penitent privilege; § 905.06(4) removes the privilege only as to observations or information a clergy member is required to report under § 48.981(2)(bm). Because (bm)3. exempts confessional communications from the reporting duty, those communications remain fully privileged. Statutory annotations cite State v. Kunkel.

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• Wisconsin State Legislature· Effective April 30, 2004
  2003 Wisconsin Act 279

  Enacting legislation that created the express clergy-reporting framework at § 48.981(1)(cx), § 48.981(2)(bm), and the paired evidentiary-privilege exception at § 905.06(4). The confessional carve-out at (2)(bm)3. was enacted in the same Act.

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• Wisconsin Department of Children and Families
  Mandated Child Abuse and Neglect Reporters

  State child-welfare agency page confirming that clergy are enumerated mandated reporters under Wis. Stat. § 48.981, with specific requirements and exceptions at § 48.981(2)(bm)1.-3. Restates the § 48.981(6) penalty and the good-faith reporter immunity.

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• Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
  Clergy as Mandatory Reporters of Child Abuse and Neglect — Wisconsin

  Federal Children's Bureau state-statutes summary listing Wisconsin among states that expressly name clergy as mandated reporters. Notes the confessional communications exception and the statutory definition of 'member of the clergy.'

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• Church Law & Tax· Verified March 2025
  Child Abuse Reporting Laws for Wisconsin

  Practitioner reference summarizing Wisconsin's clergy-reporting regime under § 48.981(2)(bm)1.-3., the § 48.981(6) penalty, and confirmation that no statute creates civil liability for failure to report.

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• Justia US Law· 2025
  Wisconsin Statutes § 48.981 (Justia mirror)

  Secondary cross-reference reproducing § 48.981(1)(cx) and § 48.981(2)(bm), including the express clergy definition, the reporting duty, and the confessional carve-out.

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• Wisconsin State Legislature· 2019-20 session
  2019 Senate Bill 382 — duty of a member of the clergy to report child abuse

  Bill page and committee record (ROCP) for SB 382, which would have repealed § 48.981(2)(bm)3. Introduced August 29, 2019; referred to Committee on Insurance, Financial Services, Government Oversight and Courts; failed April 1, 2020, pursuant to Senate Joint Resolution 1. ROCP confirms no hearing was held.

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• Wisconsin State Legislature· 2021-22 session
  2021 Senate Bill 1073 — duty of a member of the clergy to report child abuse

  Bill page and committee record (ROCP) for SB 1073, which would have repealed § 48.981(2)(bm)3. Introduced March 9, 2022; referred to Committee on Human Services, Children and Families; failed March 15, 2022, pursuant to Senate Joint Resolution 1. ROCP confirms no hearing was held.

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