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Constitutional Right to Privacy and Psychotherapist Requirement to Report Clients Who Watch Child Pornography

(1) Does a psychotherapy patient have a constitutional right of privacy in seeking psychotherapeutic treatment, even if the treatment entails a communication with a psychotherapist that refers to conduct constituting a crime? (2) Does the Child Abuse and Neglect Reporting Act (Pen. Code, 11164 et seq.) violate a patient's rights under the California Constitution by compelling disclosure of communications demonstrating "sexual exploitation," which includes, among other things, downloading, streaming, and accessing through any electronic or digital media a depiction of a child engaged in an act of obscene sexual conduct? (Mathews v. Harris (2017) 7 Cal.App.5th 334, review granted 5/10/2017 (S240156/B265990).)

Updated: 5/10/2017

Return to: California Supreme Court Pending Issues.

 

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