It’s 2018 and the war wagged on mugshot websites by payment processors and state lawmakers in the United States is in full throttle. For the large majority of the past decade, attempts by state lawmakers, in particularly, to kill the mugshot industry have been relentless.
- 1 State Attempts to Shut Down Mugshot Websites
- 2 Mugshot Laws in the USA
- 3 Origins and Overview of Mugshot Law
- 4 State Laws on the Publication and Removal of Mugshots Online
- 4.1 Alabama
- 4.2 Alaska
- 4.3 Arkansas
- 4.4 California
- 4.5 Colorado
- 4.6 Connecticut
- 4.7 Delaware
- 4.8 District of Columbia
- 4.9 Florida
- 4.10 Georgia
- 4.11 Hawaii
- 4.12 Idaho
- 4.13 Iowa
- 4.14 Indiana
- 4.15 Kansas
- 4.16 Kentucky
- 4.17 Louisiana
- 4.18 Maine
- 4.19 Maryland
- 4.20 Massachusetts
- 4.21 Michigan
- 4.22 Mississippi
- 4.23 Missouri
- 4.24 Montana
- 4.25 Nebraska
- 4.26 New Hampshire
- 4.27 New Jersey
- 4.28 New Mexico
- 4.29 New York
- 4.30 North Carolina
- 4.31 North Dakota
- 4.32 Oregon
- 4.33 Pennsylvania
- 4.34 Rhode Island
- 4.35 South Carolina
- 4.36 South Dakota
- 4.37 Tennessee
- 4.38 Texas
- 4.39 Utah
- 4.40 Washington
- 4.41 Wyoming
- 5 Important Mugshot Statutes by State
- 6 Other Woes in the Mugshot Publication Industry
- 7 Will Mugshot Websites Prevail?
State Attempts to Shut Down Mugshot Websites
Since 2013, 18 states have jumped on board as state lawmakers have pushed bills to restrict websites that publish arrest photos, commonly referred to as mugshot websites, from charging a fee for the removal of public arrest records and booking photos. The latest state to enact legislation banning paid removal of arrest records by mugshot websites is Ohio, which in early 2018 enacted Revised Code section 2927.22(B) which states that:
“No person engaged in publishing or otherwise disseminating criminal record information (i.e., a booking photograph or the name, address, charges filed, or description of a subject individual who is asserted or implied to have engaged in illegal conduct) through a print or electronic medium shall negligently solicit or accept from a subject individual the payment of a fee or other consideration to remove, correct, modify, or refrain from publishing or otherwise disseminating criminal record information”.
Mugshot Removal Laws: States Banning Mugshot Website Removal Fees
Mugshot Laws in the USA
Have you ever wondered why celebrities seem to have the most captivating mugshots? From smoldering eyes to defiant smirks, these infamous snapshots never fail to captivate our attention. But have you stopped to think about the laws and regulations surrounding mugshots? In this blog post, we dive deep into the fascinating world of "Mugshot Law" – uncovering everything from its controversial origins to how it impacts individuals' lives. Get ready for a riveting exploration that will leave you questioning if justice truly lies behind those arresting clicks!
Origins and Overview of Mugshot Law
The term “mug shot” comes from the British slang word “mug,” which means “face.” The first known use of the term in relation to law enforcement was in a newspaper article published in 1884. In the United States, mug shots are typically taken when someone is arrested and booked into jail.
The purpose of taking mug shots is to create a visual record of the arrestee that can be used for identification purposes. Mug shots are generally taken from the front and side, and they include information such as the arrestee’s name, date of birth, height, weight, and any distinguishing features.
Mug shots are public records in most jurisdictions, and they are often accessible online. This has led to a growing industry of websites that collect and publish mug shots without the arrestees’ consent. These sites typically charge a fee to remove the mug shot from their database.
There is no federal law governing the publication of mug shots, but some states have passed laws restricting their dissemination. For example, California requires that websites take down a mug shot if the person depicted in it requests removal within 30 days of publication. Other states have similar laws, but there is no consistent nationwide standard.
State Laws on the Publication and Removal of Mugshots Online
Mugshots are public records in most states, which means that anyone can request and view them. However, there is no central repository for mugshots, so they can be difficult to find.
There are a few states that have laws regulating the publication of mugshots online. For example, in Florida, it is illegal to post a mugshot online without the person's consent. If someone requests that their mugshot be removed from an online database, the company must comply within 10 days or face a fine.
Georgia has a similar law, but it only applies to commercial websites that profit from displaying mugshots. If a website charges a fee to remove a mugshot, they must also provide the person with their contact information so they can dispute the charges.
Some states, like California and Texas, have no laws regulating the publication of mugshots online. This means that anyone can post a mugshot online without consequence.
In Alabama, it is a punishable offense to publish or circulate an arrestee's mugshot of a criminal charge of minor level without the authorization from that specific individual. The penalty of such violation will result in fine up to $1,000 and/or imprisonment for up to 6 months.
In Alaska, it is illegal to publish or distribute mug shots without permission from the person in the image. This applies regardless of who takes the mug shot. Penalties could include a monetary fine of up to $500. The law does not affect news organizations when they use the shots for reporting purposes. This legislation was enacted in response to commercial websites that have been accused of exploiting people who were arrested, but yet not found guilty of a crime. If facing charges related to this law, individuals should seek legal advice from a knowledgeable criminal defense attorney in Alaska.
In Arkansas, it is illegal to publish a person's mugshot without their consent. Doing so may lead to a penalty of up to $500, as well as potential embarrassment or hardship for the subject. This law was enacted in order to protect individuals from having their mugshots shared without their knowledge or agreement.
If you are arrested in California, your booking photo may not necessarily be taken. However, this does not preclude police from being able to identify you through other procedures, such as a line-up. It is important to know that even if your mugshot has been taken, there are ways to have them removed from the public domain in the event of an acquittal or other legal action.
In Colorado, it is a crime to publish someone’s mugshot without their consent. Civil and criminal punishments can be faced for this violation of the law which was introduced to combat websites posting mugshots and then charging fees to have them removed. This has caused difficulty for those affected, unable to receive employment or secure housing due to their image being so easily accessible online. Individuals in this position may choose to pursue legal action against the webpage or person responsible, potentially receiving damages as well as reimbursement for lawyer fees if they are successful. It is advised that anyone confronting these issues talk to an experienced criminal defense attorney promptly in order to understand their rights and potential defenses under the law.
In Connecticut, it is a misdemeanor to post someone’s mugshot without their permission. This law was put into place in order to protect those who could be subject to discrimination or targeted harassment if their mugshot was made available for public viewing. Posting an unauthorized mugshot can carry a jail term of up to one year and a fine of up to $1,000 – and the person whose image was posted may even file a civil lawsuit against you for damages. It doesn't matter if your posting occurs on traditional media outlets or social media sites - either way, you could be held accountable. So think twice before publishing one online!
In the state of Delaware, it is a misdemeanor and punishable with up to a year in jail and a $1,000 fine to publish someone's mugshot online without their permission. However, there are exceptions that include if the photo is being used for newsworthy purposes, educational, scientific or historical reasons, or if the person in the photo has given written permission for its publication.
District of Columbia
Taking or possessing a mugshot of another person without their consent is illegal in the District of Columbia. Those found to have broken this law can be fined up to $1,000. This legislation was created in response to 'mugshot websites' publishing arrestees' booking photos and charging them exorbitant fees for removal. The aim of this law is to protect citizens from being financially and emotionally exploited in such a manner. If you are arrested, it is important that you know your rights and ensure your mugshot isn't posted without permission.
It is illegal in Florida to post a person's mugshot without their consent, which includes websites, social media, and other online platforms. Doing so can result in repercussions: you could be charged with a misdemeanor offense. This law was established due to the proliferation of "mugshot shaming," where people's reputations are damaged through publication of their mugshots on the internet without their knowledge or authorization. Such an action may lead to jail time for up to one year and/or a thousand-dollar fine.
If you post someone's mugshot online without their consent, it is against the law in Georgia. If you do so without their consent, you could face a fine of up to $1,000 and/or be imprisoned. People's privacy is protected by this law, and it prevents them from being humiliated or harassed online. However, some people feel that this law goes too far and prevents the public from getting important information.
A person's mugshot cannot be posted online without their consent in Hawaii. The law was enacted to protect people's privacy and to prevent them from being harassed or embarrassed by publicizing their mugshots. When you post a friend or family member's mugshot online without their permission, you may face a $1,000 fine or a year in jail. If you are considering posting a friend or family member's mugshot on social media, think twice before you do.
The Idaho Mugshot Law was enacted in 2011 in order to provide relief to individuals who have been wrongfully arrested and convicted. The law allows for the removal of mugshots from the internet if the individual can show that their arrest did not lead to a conviction. This law has helped many people clear their name and reputation, as well as providing them with some sense of closure.
In Iowa, being arrested means you can be photographed (a “mugshot”) by the law enforcement officer. Your mugshot can then be used as evidence against you in court, as well as published by news media. If convicted, your mugshot will become publically available within your criminal record and possibly remain online indefinitely, even if your charges were dismissed or you were acquitted. To protect yourself, request legal assistance quickly following an arrest so you may understand the charges against you and have clear options to combat them.
Indiana considers it a criminal offense to post another individual's mugshot online without their consent. Defying this regulation may result in a Class A misdemeanor charge, with the possibility of additional charges if financial damages occur. Both mainstream media and private citizens are subject to these laws; therefore, any person found guilty of such an offense faces serious punitive action. This rule was designed to protect the privacy of those arrested and restrain further embarrassment through circulation online.
In the state of Kansas, it is legal for a law enforcement officer to take your mugshot when you are arrested. The officer is required to provide you with a copy of the mugshot, and you have the right to request that the photograph not be disseminated.
However, there are no laws governing what private companies can do with your mugshot once they obtain it. That means that your mugshot could end up on a website or in a database that is searchable by anyone. And once your mugshot is out there, it can be very difficult to get it removed.
If you have been arrested in Kansas, it is important to understand your rights and how the mugshot law works. You may want to consider hiring an attorney who can help you navigate this process and protect your rights.
In Kentucky, a mugshot is defined as a photographic image of a person's face that is taken by law enforcement after the person has been arrested. The purpose of a mugshot is to allow law enforcement to have a record of the person's appearance.
Mugshots are typically taken when a person is first arrested and then again when they are booked into jail. In some cases, Mugshots may also be taken when a person is released from jail.
The law in Kentucky requires that Mugshots be made available to the public. This means that anyone can request and view Mugshots of people who have been arrested in Kentucky.
There are some exceptions to this rule, however. For example, if the Mugshot was taken as part of an ongoing investigation, it may not be released to the public. Additionally, if release of the Mugshot would jeopardize someone's safety or identity, it may also be withheld.
Generally speaking, though, Mugshots are public record in Kentucky and can be accessed by anyone who wishes to view them.
In Louisiana, publishing a mugshot of someone who has been arrested is prohibited unless they have been convicted. Along with the mugshot, you must also include the conviction information. It is illegal to sell these images for commercial gain, and posting a mugshot of any individual on social media without consent is against the law as well. Because of its stringent policies, it is wise to thoroughly familiarize yourself with Louisiana's laws concerning mugshots before publishing one.
Maine's mugshot law is one of the most progressive in the country. The state requires that all booking photographs be made available to the public, regardless of the charges against the person being photographed. This law was enacted in response to a 2013 court case, Maine v. Ryan, in which the Maine Supreme Court ruled that booking photographs are not protected by the state's right to privacy laws.
This ruling was a victory for transparency and accountability in law enforcement. It ensures that the public has access to information about individuals who have been arrested and charged with a crime. It also allows for greater scrutiny of the criminal justice system, as booking photographs can be used to identify patterns of police misconduct.
While other states have similar laws on the books, Maine's is unique in its breadth and clarity. The law applies to all booking photographs, regardless of whether they were taken by a police department or another government agency. And it explicitly states that booking photographs are not considered confidential information, meaning they can be released to anyone who requests them.
This openness has led to some unforeseen consequences. In some cases, people who have been arrested but not convicted of a crime have had their mugshots published online without their consent. This can lead to embarrassment and humiliation, even if the charges are later dropped or they are found innocent at trial.
Some lawmakers have proposed amending the law to require that only mugshots of those who are convicted of a crime be made public. But this
In Maryland, a mugshot is defined as a photograph of a person taken after their arrest. The purpose of a mugshot is to allow the public to see what the person looks like, so that they can be identified if they commit another crime.
Mugshots are typically taken by the police department that made the arrest, and then they are placed in a database that is publicly accessible. This means that anyone can search for and view mugshots, even if they don't know the person's name.
Mugshots can be embarrassing and humiliating, which is why some people try to get them removed from the internet. Unfortunately, there is no easy way to do this. In most cases, the only way to remove a mugshot from the internet is to get it expunged from your criminal record.
If you have been arrested in Maryland, it is important to understand your rights regarding mugshots. You have the right to have your mugshot taken, but you also have the right to keep it private. If you choose to release your mugshot to the public, you should be aware that it may be used against you in court.
In 2012, the state of Massachusetts passed a law that prohibits law enforcement agencies from posting booking photographs, or mugshots, of defendants online. The rationale behind the law is to prevent the further stigmatization and embarrassment of criminal defendants who have not been convicted of a crime.
The law has been challenged in court, but has so far been upheld. In 2016, the U.S. Court of Appeals for the First Circuit ruled that the law does not violate the First Amendment rights of news organizations or the public.
The Massachusettts Mugshot Law has been criticized by some as being overly protective of defendants' rights, and as hampering transparency and public access to information. However, supporters argue that the law helps to ensure that people who have not been convicted of a crime are not unfairly stigmatized.
In our digital age, where information is disseminated at a lightning speed, it's hardly unexpected that mugshots are becoming increasingly available online. Whether they're seen as captivating or sinister, these images provide insight into the lives of those who have encountered trouble with the law in Michigan. As technology progresses and general curiosity increases, we must reflect on the implications of publicity and privacy.
In 2011, Mississippi enacted a law that requires all law enforcement agencies in the state to post online the booking photographs of every person arrested for a felony offense. The thinking behind the law was that it would help to prevent crime by deterring potential offenders from committing crimes if they knew their pictures would be posted online for everyone to see.
The results of the law have been mixed. Some studies have shown that posting mugshots online does indeed have a deterrent effect on crime. However, other studies have found no evidence that posting mugshots reduces crime. In any case, the Mississippi law remains in effect, and law enforcement agencies in the state continue to post booking photographs online.
In the state of Missouri, it is legal for a person to be photographed when they are arrested and booked into jail. The booking process usually includes taking a mugshot, which is a photograph of the person's face.
There are some restrictions on how mugshots can be used, however. For example, it is illegal to use a mugshot to harass or embarrass the person in the photo. Additionally, Missouri law prohibits the use of mugshots in certain advertisements, such as those for bail bonds or private investigators.
Mugshots are typically public record in Missouri, which means that anyone can request and view them. However, there are some exceptions, such as when the subject of the mugshot is a juvenile or if the case is still pending in court.
If you have been arrested and booked into jail in Missouri, it is likely that your mugshot will be taken and made available to the public. However, there are some restrictions on how this photo can be used.
In Montana, it is a crime to post another person’s mugshot online without their permission. The law prohibits the publication of a person’s mugshot unless that person has given their consent. If you post someone’s mugshot on your website without their consent, you could be charged with a misdemeanor and face up to 6 months in jail and a $500 fine.
The Montana law is similar to laws in other states that have been enacted to protect the privacy of people who have been arrested. These laws are intended to prevent the exploitation of people who have been arrested and to prevent the spread of false information about them.
If you are facing charges for posting someone’s mugshot without their consent, you should contact a criminal defense attorney in Montana. An experienced attorney can review the facts of your case and help you determine your best course of action.
In Nebraska, it is against the law to post someone’s mugshot online without their permission. If you do so, you could be sued for defamation.
Under Nebraska law, a “mugshot” is defined as a photograph of a person’s face that is taken by law enforcement in connection with the person’s arrest. This does not include photos taken by private citizens, such as selfies or pictures taken at a party.
If you post someone’s mugshot online without their permission, you could be sued for defamation. Defamation is when you make a false statement about someone that harms their reputation. In order to prove defamation, the person who was harmed would have to show that:
• You made a false statement about them;
• The statement was published (meaning, other people saw it); and
• The person was harmed because of the false statement.
For example, let’s say that you post your friend’s mugshot on your blog with the caption “Arrested for DUI!” But your friend was actually arrested for public intoxication, which is not a crime in Nebraska. Your friend could sue you for defamation because you made a false statement about them that was published (on your blog) and it harmed their reputation.
In New Hampshire, it is a crime to post someone's mugshot online without their consent. If you do so without their permission, you could be fined up to $1,000 and face up to a year in jail.
This law was put in place to protect people's privacy and prevent them from being humiliated by their mugshots appearing online. If you have been arrested and had your mugshot taken, make sure that you only give permission for it to be published in places that you approve of.
In the state of New Jersey, it is against the law to take or post a mugshot without the express consent of the individual in the photo. The penalty for violating this law is a fine of up to $1,000.
This law was enacted in response to the growing practice of “mugshot websites” that would post booking photos of individuals who had been arrested, regardless of whether they were ultimately convicted of a crime. These sites would then charge a fee to have the mugshot removed.
Critics argued that this practice amounted to extortion, and that it unfairly stigmatized those who had been arrested but not convicted of any crime. The New Jersey law aims to put an end to this practice by making it illegal to distribute mugshots without the individual’s consent.
So far, the law has been successful in shutting down several major mugshot websites operating in the state. If you are ever arrested in New Jersey, be sure to ask that your mugshot not be taken or distributed without your permission.
In the state of New Mexico, it is against the law to post someone's mugshot online without their permission. If you do so without their approval, you could be sued for defamation.
If you're arrested in New Mexico, the arresting agency will likely take your mugshot. This photo will then be placed in a public database, where it can be accessed by anyone with an internet connection.
While it may be tempting to post someone's mugshot on social media or a website without their consent, doing so could result in a civil lawsuit. The individual shown in the mugshot could claim that your actions have caused them harm, such as damage to their reputation or employment prospects.
If you're facing charges in New Mexico, it's important to consult with an experienced criminal defense attorney who can help protect your rights.
In New York, it is a misdemeanor to distribute “mugshot” photos without the person’s consent. A “mugshot” is defined as a photo of a person taken by law enforcement in connection with that person’s arrest. The penalty for violating this law is up to one year in jail and/or a fine of up to $1,000.
This law was enacted in response to the growing practice of websites publishing mugshots and then charging the arrested person to have the mugshot removed from the website. This created a financial incentive for these websites to publish as many mugshots as possible, which led to innocent people being caught up in the system.
The New York law prohibits anyone from knowingly publishing or distributing a mugshot without the consent of the person in the photo. This includes websites, newspapers, and even social media sites like Facebook and Twitter. If you publish a mugshot without someone’s consent, you could be liable for damages under this law.
If you’ve been arrested in New York, it’s important to know your rights under this law. You should never give your consent to have your mugshot published on any website or other public forum. And if your mugshot has already been published without your consent, you may be able to take legal action against the site that published it.
In North Carolina, it is against the law to post someone’s mugshot online without their permission. If you do so, you could be sued for defamation or invasion of privacy.
The law is designed to protect people from having their mugshots published online without their consent. This can happen when someone is arrested and their mugshot is taken. If the mugshot is then posted online, it can be seen by anyone – including potential employers, landlords, and family members.
This can be very harmful to a person’s reputation and livelihood. That’s why North Carolina has a law that makes it illegal to post someone’s mugshot online without their permission.
If you violate this law, you could be sued for defamation or invasion of privacy. So if you’re thinking about posting someone’s mugshot online, think twice – it could come back to bite you in the form of a lawsuit.
In North Dakota, it is against the law to post someone's mugshot online without their consent. If you do so without their consent, you could be sued for defamation. The law also states that you cannot post mugshots of minors.
In Oregon, it is legal for a person to take and publish a mugshot of another person, as long as the mugshot was taken in a public place and the person taking the mugshot does not have a criminal record. There are no laws against publishing mugshots in Oregon, so long as the mugshots are taken legally.
Mugshots can be useful for law enforcement purposes, but they can also be used to harass and embarrass people. If you take and publish a mugshot of someone without their permission, you could be sued for invasion of privacy or defamation. So, while Oregon's law may allow you to take and publish a mugshot of another person, it's still best to get permission before doing so.
In Pennsylvania, a person can be arrested and charged with a crime without ever having their mugshot taken. The law requires that the arresting agency take a photograph of the arrestee “as soon as practicable” after the arrest.
However, there is no hard and fast rule as to when the photo must be taken. In some cases, the photo may be taken at the time of booking into jail. In other cases, the photo may not be taken until after the arraignment hearing.
If you have been arrested in Pennsylvania, it is important to know that there is no legal right to have your mugshot removed from the internet. Once your mugshot is online, it can be difficult to get it removed.
Pennsylvania’s mugshot law has come under fire in recent years, with some lawmakers arguing that it unfairly punishes people who have not been convicted of a crime. However, the law remains in effect and police agencies continue to take and release mugshots of those who are arrested in the state.
In Rhode Island, it is against the law to publish someone's mugshot without their consent. If you do so without their consent, you could be sued for damages.
Mugshots are public records, but that doesn't mean that everyone has a right to see them. In fact, in some states, it is against the law to publish someone's mugshot without their consent.
Rhode Island is one of those states. If you publish someone's mugshot without their consent in Rhode Island, you could be sued for damages. So if you're thinking about publishing a mugshot, make sure you have the person's permission first.
In South Carolina, it is against the law to post someone's mugshot online without their consent. This law was put in place to protect people's privacy and to prevent them from being harassed or humiliated by others. If you post someone's mugshot online without their permission, you could be fined up to $500.
In the state of South Dakota, it is against the law to post a person's mugshot online without their consent. This includes publishing the mugshot in a blog, on a website, or on social media. If you do so without the individual's permission, you could be fined up to $2,000.
In Tennessee, it is against the law to publish someone's mugshot without their permission. This includes posting the mugshot on a website or social media page. If you post someone's mugshot without their permission, you could be sued for invasion of privacy.
There are some exceptions to this rule. For example, if you are posting the mugshot as part of a news story, you are likely protected under the First Amendment. However, if you are posting the mugshot simply to embarrass or harass the person in the photo, you are not protected.
If you are facing charges in Tennessee, it is important to understand the state's laws regarding Mugshots. An experienced criminal defense attorney can help you navigate these laws and make sure your rights are protected.
In Texas, a mugshot is defined as a photograph taken of a person after they have been arrested. The purpose of a mugshot is to allow law enforcement to have a record of the person's arrest.
There are Mugshot Laws in place in Texas that require law enforcement to take certain precautions when taking a person's mugshot. These laws exist to protect the rights of the individual being photographed.
Some of the Mugshot Laws in Texas include:
- The law enforcement agency must have a written policy in place regarding the taking of mugshots.
- The individual must be given the opportunity to have their photograph taken in a private area if they request it.
- The individual must be given the opportunity to have their photograph taken without their handcuffs visible if they request it.
- If an individual requests that their photograph not be taken, law enforcement must make reasonable efforts to accommodate this request.
These laws are in place to ensure that individuals who are arrested and photographed are treated fairly and with respect.
In Utah, it is against the law to post someone’s mugshot online without their permission. This law was put in place to protect people from being humiliated and discriminated against after they’ve been arrested.
If you post someone’s mugshot online without their permission, you could be fined up to $1,000 or jailed for up to six months. So if you’re thinking about posting a friend or family member’s mugshot on social media, think twice – it could cost you dearly.
In Washington, a mugshot is defined as a photograph, digital image, or other likeness of a person taken by law enforcement officers in connection with that person's arrest and detention. The purpose of a mugshot is to allow law enforcement to identify and apprehend individuals who have been arrested and charged with a crime.
Under Washington state law, it is generally illegal for law enforcement agencies to release mugshots to the public. However, there are some exceptions to this rule. For example, law enforcement may release a mugshot if it is necessary to protect the public from an individual who has been charged with a crime involving violence or is wanted for questioning in connection with a crime.
If you have been arrested and your mugshot has been released to the public, you may be able to have it removed from public record. You can do this by filing a petition with the court that handled your case. Once the petition is filed, the court will review your case and decide whether or not to grant your request. If you are successful in having your mugshot removed from public record, it will no longer be accessible by the general public.
When it comes to public records, Wyoming is one of the most open states in the nation. That means that anyone can request and receive copies of mugshots, as long as they follow the proper procedure.
The first step is to contact the Wyoming Division of Criminal Investigation (DCI). The DCI is responsible for keeping all criminal justice records in the state, including mugshots. You can reach them by phone at (307) 777-7181 or by email at email@example.com.
Once you have made contact with the DCI, you will need to submit a written request for the mugshots you are seeking. The request must include your name, address, and telephone number, as well as the specific information you are seeking. You may be required to pay a small fee for copying and mailing costs.
If you are requesting mugshots from a county jail or other detention facility, you will need to contact that facility directly. Each facility has its own procedures for handling public records requests.
Wyoming law does not place any restrictions on who can request or receive copies of mugshots. However, please be aware that some people may use mugshots for illegal purposes, such as harassment or identity theft. Use Mugshot Law responsibly!
Important Mugshot Statutes by State
The table below summarizes laws that have been passed by U.S. states in an attempt to prevent mugshot websites from profiting from charging a fee to remove arrest data and mugshot photos obtained from public record, which is viewed by many as predatory behavior that is borderline extortion.
18 U.S. Sates prohibit mugshot websites from charging a fee to remove arrest photos
Cal. Civil Code § 1798.91.1
Prohibits a person who publishes a booking photograph via electronic means from soliciting, requiring, or accepting a fee to remove, correct, or modify that information.
|Colo. Rev. Stat. § 24-72-305.5|
Declares that criminal justice records shall not be used by any person for the purpose of soliciting business for financial gain; prohibits a person from obtaining a copy of a booking photograph if he or she knows: (1) the booking photograph will be posted to a website; and (2) removal of the booking photograph from the website will require the payment of a fee.
|Ga. Code Ann. § 10-1-393.5|
Requires a person who publishes arrest booking photographs on a website to remove an individual’s photograph within 30 days of the date of request, without charging a fee, if the individual meets certain requirements (e.g., acquitted or case dismissed.)
|5 Ill. Comp Stat. § 505/2QQQ|
Prohibits a person who publishes criminal record information through an electronic medium to solicit or accept the payment of a fee to remove the criminal record information.
|Ky. Rev. Stat. § 61.8746||Prohibits a person from utilizing a booking photograph for commercial purposes if (1) the photograph will be placed in a publication or posted on a website; and (2) the removal of the|
photograph from the publication or website requires the payment of a fee. Any person who requests removal of a booking photograph and is required to pay a fee has a right of action.
|Maryland||Md. Code, Com. Law § 14-1324|
Prohibits a website operator from charging an individual for the removal of the individual’s photograph or digital image taken during the arrest or detention of the individual, if the record was expunged, vacated, or shielded from public inspection.
Mo. Rev. Stat. § 407.1150.1
Prohibits a person engaged in publishing criminal record information through an electronic medium from soliciting or accepting a fee to remove or correct the criminal record information.
Requires a person who disseminates photographic records of arrested individuals on a website to remove the photograph within 30 days of the date of request, without charging a fee, if the arrest resulted in acquittal or no conviction, or was reduced to a violation, or the conviction was expunged or set aside.
S.C. Code § 17-1-60
|Prohibits a person from requiring the payment of a fee to remove, revise, or refrain from posting to a website the arrest and booking records, including booking photographs, of a person who is arrested and booked in South Carolina.||2016|
|Tex. Bus. & Com. Code §§ 109.001 - 109.007|
Prohibits a business from charging a fee to remove, correct, or modify incomplete or inaccurate criminal record information; provides a civil penalty for violations of law.
|Utah||Utah Code § 17-22-30|
Requires that a person requesting a booking photograph submit a statement affirming that the booking photograph will not be posted to a website that requires the payment of a fee to remove the booking photograph from the website; provides that a person who submits a false statement regarding use of a booking photograph is subject to criminal liability.
|Vermont||Vt. Stat. Ann. tit. 9, § 4191||Prohibits a person who posts a booking photograph on the internet from soliciting or accepting a fee to remove the booking photograph if requested by the depicted person.||2015|
|Virginia||Va. Code Ann. § 8.01-40.3||Declares that a person who publishes a criminal history record and then solicits money for removing that record shall be liable to the affected individual for actual damages or $500, whichever is greater, in addition to reasonable attorney fees.||2015|
|Wyoming||Wyo. Stat. Ann. § 40-12-601||Requires a person who disseminates photographic records of arrested individuals on a website to remove the photograph within 30 days of the date of request, without charging a fee, if the charges stemming from the arrest for which the photograph was made were resolved without a conviction, or were expunged or set aside.||2013|
States that “No person engaged in publishing or otherwise disseminating criminal record information (i.e., a booking photograph or the name, address, charges filed, or description of a subject individual who is asserted or implied to have engaged in illegal conduct) through a print or electronic medium shall negligently solicit or accept from a subject individual the payment of a fee or other consideration to remove, correct, modify, or refrain from publishing or otherwise disseminating criminal record information”.
Other Woes in the Mugshot Publication Industry
State lawmakers have not been the only one’s taking up arms against mugshot websites in an attempt to end the profiteering from paid removals that’s been a hot topic of debate since these sites started popping up. Other attempts to shut down the mugshot industry have been made by entities including Google, which released a search engine algorithm update know as the Mugshot Algorithm Update, which was specifically designed to derank mugshot websites on search engine results pages (SERPs).
Payment processors have also clamped down on the industry by adding mugshot websites and the associated online reputation companies that offer professional removal solutions to get records off these sites as a category of high risk merchants that they refuse to process payments for, making it extremely hard for mugshot websites and mugshot removal services to accept credit cards from those seeking to remove online mugshots and arrest records..
Will Mugshot Websites Prevail?
Will all the effort and resources put into ending the mugshot industry prove fruitless? Despite all the attempts to put a permanent end to the mugshot industry, mugshot websites continue to pull arrest records and booking photos from public sources and charge individuals to remove this information. While the mugshots are not as readily visible because of the Google Mugshot Algorithm update, they can still be found on other search engines, including Bing and DuckDuckGo. Mugshot websites have started to and will continue to take use new SEO techniques and take other measures to beat the mugshot algorithm update, thereby ensuring that their websites along with the the arrest records published are indexed and highly visible on Google and other search engines.
Regardless of all the effort and resources that’s been put into shutting down mugshot publications, some argue that the industry is here to stay. While the restrictions placed on mugshot and removal websites has made it more difficult for these businesses to accept payments, the demand for the services these firms offers is still present and so long as it is. So long as there are individuals that want professional help removing arrest records from the internet, online reputation repair companies will offer solutions to remove or otherwise minimize the impact of these records online.
Hire Mugshot Removal Professionals
If your arrest record and mugshot appear online, contact us today. Regardless of whether or not mugshot websites can charge for removal, the content removal experts at Remove-Arrests.org have solutions to erase mugshots from the web and get all of your arrest information off the internet.