Can Therapists Report Crimes? A Clear Guide for Mental Health Professionals

You're deep into a therapy session when a client discloses something shocking- a past crime, a threat of harm, or a situation that may endanger another person. Your clinical instincts kick in, but your legal radar starts buzzing too.

You’re left wondering: Am I required to report this? Can I even legally break confidentiality?

This post walks through everything mental health professionals need to know about reporting crimes-what the law says, when therapist confidentiality applies, and how to handle confidential information ethically.

Can Therapists Report Crimes?

In most cases, therapists are not allowed to disclose information shared by a client, even if it involves criminal activity. That’s because the therapeutic relationship is built on strict confidence and protected by confidentiality laws.

However, there are a few exceptions where you're legally obligated or required to report.

What the Law Says

Understanding your mandatory reporting laws—what they require and what they exempt—is critical to every therapist’s ethical and legal obligations.

Understanding Mandatory Reporting Laws

Mandatory reporting laws require mental health professionals and other mandated reporters to alert appropriate authorities when there is suspicion of abuse, neglect, or imminent danger to vulnerable individuals.

As a therapist, you’re legally obligated to report in these situations:

• Child abuse or neglect – This includes physical abuse, sexual exploitation such as child pornography, emotional abuse, and neglect
• Elder or dependent adult abuse – Mistreatment or exploitation of vulnerable adults, often involving financial or physical abuse
• Imminent threats of violence – When a client poses an immediate danger to others
• Abuse seen in practice – Abuse visibly occurring during professional conduct, including in group or family therapy sessions

State law determines exactly who must report and what must be reported. Mandatory reporting laws may vary even within the same type of abuse. California, for example, mandates reporting of suspected elder abuse within 24 hours, while other states allow more time or require different documentation.

Past Crimes vs. Future Harm: Legal Thresholds

The biggest point of confusion is when to report past crimes.

The law typically focuses on preventing future crimes or serious harm, not punishing disclosures of past behaviours. For instance:

• A client discloses having committed a burglary 10 years ago - this may remain confidential
• A client shares that they are currently abusing their child - this must be reported
• A person mentions participating in criminal activity long ago- this, too, may remain confidential unless there’s a current risk

In short, you’re usually not required to report a past crime unless an identifiable victim is still in danger. The emphasis is always on potential harm and whether there’s an immediate threat.

Licensure Rules vs. Legal Mandates

Your licensing board’s ethical guidelines and your professional ethical codes (like those from APA or NASW) tend to align with state law, but sometimes the expectations differ.

When your ethical codes and mandated laws conflict:

• Follow the law first – Legal obligations override ethical preferences
• Consult – Get input from supervisors, attorneys, or your licensing board
• Document thoroughly – Record facts, consultations, and decisions

Some ethical dilemmas occur between maintaining therapist confidentiality and preventing harm.

By understanding when you are legally required to act, you can avoid unnecessary breaches.

Key Takeaway: Legal obligation prevails.

Report when required—to protect identifiable individuals from immediate danger. But remember, you’re not expected to report every past criminal act. Use caution, consult other authorities if needed, and only breach confidentiality rules when the situation does not allow for discretion.

Client Confidentiality and When It’s Acceptable to Breach It

Client confidentiality is central to the therapeutic alliance and ethical practice in any therapy session. But, there are a few exceptions where confidentiality cannot remain absolute.

The Foundation of Therapist Confidentiality

Therapist confidentiality enables clients to disclose information, sometimes about potentially criminal activity- without judgment. Mental health professionals must protect confidential information to maintain a safe space that fosters growth.

If clients fear you’ll report them for every mistake or misstep, including past actions, they won’t trust you with deeper therapeutic work. Preserving that strict confidence allows for authentic disclosure and long-term healing.

Exceptions That Allow or Require Therapists to Break Confidentiality

Still, confidentiality does have exceptions.

You must break confidentiality under mandatory reporting laws in the following scenarios:

• Duty to protect – If a client poses a serious threat to a potential victim
• Court order – A lawful court order may require you to disclose information
• Risk of self-harm or suicide – Including clients expressing suicidal thoughts
• Mandated abuse reporting – For child abuse, elder abuse, or dependent adult mistreatment
• Professional misconduct – When you’re aware of abuse by other healthcare professionals

Therapists must balance client disclosures with legal obligation. For example, if a patient poses an imminent danger to someone else, breach of confidentiality may be necessary—even if it impacts the therapeutic relationship.

What About Group Therapy or Family Counselling?

These settings bring added complexity. When more than one person is in a therapy session, maintaining therapist confidentiality becomes more difficult.

Establish these steps upfront:

• Clearly explain confidentiality rules—including limits—at the first session
• Prepare clients that you may report certain disclosures if future crimes or abuse emerge
• Use individual check-ins for sensitive issues
• Reaffirm group agreements about treating what’s said in session with respect

Clients Sharing Past Crimes Without Imminent Risk

Therapists often encounter criminal confessions. If the client told you they committed theft years ago or participated in criminal activity with no current threat, you are not legally required to report a past crime in most cases.

Use caution and consult legal counsel or a supervisor. If the disclosure doesn’t suggest future danger or involve a vulnerable adult, confidentiality may remain intact.

When Reporting Becomes Mandatory

Let’s be clear: Therapists help - not police.

But under certain circumstances, you’re legally required to act. Specific factors must be present to trigger a legally mandated report.

Breaking Confidentiality: When It’s Legally Required

In summary, here are certain circumstances where you must act:

In all these cases, therapists must document the rationale and contact other authorities only when absolutely legally required.

Step-by-Step Guide for Reporting Correctly

Where to Report

• Child abuse: Contact Child Protective Services
• Elder abuse: Contact Adult Protective Services
• Imminent violence: Call local law enforcement
• Professional misconduct: Notify your licensing board

Required Reporting Process

Follow your state’s reporting structure. In most cases:

1. Make a phone call immediately
2. Follow up with written documentation within 24 to 48 hours

Keep things factual. Document quotes, behavioural signs, timelines, not your interpretation. Always, include evidence that informed your suspicion when submitting to the appropriate authorities.

Legal Immunity for Good Faith Reports

Most mandated reporting laws protect mental health professionals from lawsuits when they report in good faith - even if the report proves unfounded. This emphasises the importance of documenting your rationale, especially in difficult or borderline situations.

What you should NOT report:

Not all crime disclosures require reporting. Knowing when to maintain confidentiality is just as important as knowing when to break confidentiality.

Revealed Crimes Without Ongoing Risk

A client may disclose drug use, past theft, or even producing child pornography in the past—without current involvement or harm. The law doesn’t typically require reporting of these past crimes unless they involve children still at risk or ongoing criminal activity.

No Specific Victim Named

If the client does not name an intended victim or a person in danger, you likely do not have a mandated obligation to report. Legally required reports depend on identifiable risk.

Self-Harm and Suicidal Thoughts

While these require immediate clinical attention, they often fall into a category different from crime reporting. However, if a client expresses suicidal thoughts or shows signs of self-harm, you may be required to break confidentiality for emergency intervention.

When Over-Reporting Hurts More Than It Helps

You’re there to help—not to punish. Over-reporting breaks trust, undermines the best interest of the client, and may violate ethical principles. Only report when you are sure it meets legal standards. Protect client information where possible. Document your reasoning when choosing not to report a past crime.

Therapy-Based Alternatives

Don’t go it alone. Use consultation or supervision. Many times, safety plans, additional sessions, or referrals can resolve risky situations without breaching confidentiality.

Ask yourself:

• Is there an identifiable person at risk?
• Does this meet the threshold under my state’s law?
• Have I spoken to a colleague or supervisor?
• Can we address this therapeutically instead?

State-Based Variations: Why Exact Reporting Requirements Differ

When pondering whether mental health professionals need to report a past crime, keep in mind how state law governs your response based on jurisdiction.

State-by-State Differences

Some states obligate broader reports. For example, Florida includes human trafficking as a mandatory report. California’s strong confidentiality laws may seem strict, but they don’t prevent mandatory reporting in most cases where harm is evident.

Texas might provide more discretion regarding elder abuse but strictly enforces reports in cases involving children. It’s critical to check current codes—not just rely on hearsay or national averages.

How to Stay Current

• Read updated legal guidelines annually
• Consult your licensing board and ethics committees
• Attend local continuing education addressing mandatory reporting obligations

Ignorance of the law is no excuse especially when the outcome could involve someone’s safety.

Always double-check before making a decision to report or to keep client disclosures confidential.

Best practices when clients disclose criminal activity

Helping clients through difficult disclosures is complex. To act correctly, use the following:

Know the boundaries

• You’re not an investigator, but a clinician
• Don’t encourage disclosures about criminal cases purposefully
• Pause disclosures when they move toward information you may have to report

Be transparent from the first session

Let clients know your reporting requirements day one. Silence on this issue surprises no one more than someone who thought you would keep their deep secrets in strict confidence.

Documentation is your best friend

Note:

• The time/date of the disclosure
• What the client said
• Who did you consult, if anyone
• What course of action was taken

Documentation protects your liability and shows you acted based on professional due diligence.

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Use Consultation

If unsure whether you’re legally required to make a report, consult with a colleague, attorney, or your board. This reduces risk to your license—and to your client.

What happens when a client discloses a past crime?

Let’s say in the first session, your client shares that they committed a felony 15 years ago. It’s disturbing, but there’s no imminent danger, potential victim, or current criminal case.

In this situation, confidentiality laws and ethical principles mean you’re not required to report and doing so could be a breach of confidentiality.

Unless there’s a clear legal obligation, this client information should remain confidential. Your best interest is to:

• Maintain strict confidence
• Avoid assumptions about reporting thresholds
• Seek supervision or legal advice if unsure

Some Clinical Scenarios: What Should the Therapist Do?

Scenario 1: Client says they plan to “hurt someone” this week
You may need to notify the intended victim and contact appropriate authorities. Most states treat this as a serious threat under the duty to warn/protect laws.

Scenario 2: Client shares that they committed armed robbery 10 years ago
No immediate danger, no current criminal activity. Likely stays confidential under confidentiality rules.

Scenario 3: Client is a teen expressing suicidal thoughts in session
You’re likely legally obligated to intervene and alert guardians or crisis services.

Scenario 4: Client admits to sharing child pornography online
Mandatory report to police officers and relevant child safety bodies. This is a federal legal obligation.

Scenario 5: The Therapist believes the client might commit future harm but is unsure
Seek clinical supervision and consider ethical and legal requirements in your state.

Common Questions Therapists Ask

Q. Can therapists report past crimes?
A. Only under certain circumstances, like ongoing risk. Most past crimes are protected by confidentiality.

Q. What if I want to report something but the law doesn’t require it?
A. You can’t break therapist confidentiality unless you're legally obligated. Doing so could violate ethics and state law.

Q. Is it ever okay to report criminal activity voluntarily?
A. Only if the client poses a current serious threat or gives consent.

Q. What about reporting domestic violence?
A. This depends on state law and whether children or vulnerable adults are involved.

Q. Are there resources for mandated reporters?
A. Yes - many mental health licensing boards offer CEUs and tools to clarify your role as mandated reporters.

Q. What if a client admits to a crime involving someone else?
A. You can’t report unless there’s a current risk or vulnerable person involved.

Q. Can I break confidentiality if a client refuses help but is suicidal?
A. Yes, if there’s imminent risk—you may be legally required to act.

Q. A teen client says their friend is being abused - do I report?
A. If the friend is a minor and the report seems credible, you likely must.

Q. What if a client hints at illegal behaviour but won’t say more?
A. You can’t report vague disclosures- clarify gently and consult if needed.

Q. A client talks about committing fraud- do I have to act?
A. Not unless it involves a vulnerable person like an elder or dependent adult.

Q. I learn about a crime during a custody case- should I report?
A. Only if it relates to child safety or abuse- otherwise, confidentiality applies.

Q. What if a client says they fantasise about hurting someone but have no plan?
A. Fantasies alone usually aren’t reportable -unless there's intent or a specific threat.

Q. Can I report if a client admits to abusing an animal?
A. Some states require it- especially if there’s risk to children too. Check your laws.

Q. My client said they lied in court-do I report perjury?
A. No, not unless someone’s safety is at risk or a legal order requires it.

Q. A client says their partner is violent but they don’t want help-what now?
A. Domestic violence without kids often isn’t mandated—document and offer resources.

Q. What if a client admits to watching illegal content but says it’s in the past?
A. If it involved child exploitation, you must report-even if it was “a long time ago.”

Q. Can I break confidentiality if the crime disgusts me or feels morally wrong?
A. Nope. Moral discomfort isn’t a legal threshold-stick to your state’s mandates.

Q. What if a client confesses during group therapy?
A. Confidentiality still applies-but clarify group limits up front and follow your reporting duties if needed.

Q. Am I liable if I don’t report and something happens later?
A. Possibly-if the situation met legal thresholds and you didn’t act.

Q. Can I warn someone anonymously if a client makes a vague threat?
A. No-reporting must follow proper legal channels. Document and consult first.

Q. My client admitted to something awful, but they're a minor. Do the rules change?
A. Yes. Minors have stricter reporting standards, especially around harm or abuse.

Further Resources

• HIPAA Privacy Rule
• State Child Abuse Reporting Laws
• National Association of Social Workers – Code of Ethics
• APA Guidance on Duty to Warn
• CEU Courses on Reporting and Risk

Conclusion

So, can therapists report crimes? Yes, but only when the law demands it.

Therapists may report child abuse, credible future threats of violence, self-harm with imminent risk, specific vulnerable adult exploitation, or court-ordered disclosures. But in most cases, especially those involving past crimes or non-imminent risk, remain confidential.

The best interest of the client always matters but it can coexist with appropriate legal obligation. Knowing when to report, whom to inform, and how to document ensures responsible, ethical care.

Stay informed. Understand your state's unique mandates. Attend continuing education that reinforces confidentiality laws and mandatory reporting rules. When in doubt, seek help.

And always prioritise documentation, transparency, and thoughtful decision-making.

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