Art. 234. Booking photographs
A. As used in this Article:
(1) "Booking photograph" means a photograph or still, non-video image of an
individual generated by a law enforcement agency for identification purposes after arrest or
while in the agency's custody.
(2) "Remove-for-pay publication or website" means a publication that requires the
payment of a fee or other valuable consideration in order to remove or delete a booking
photograph from the publication or which utilizes the publication of booking photographs
for profit or to obtain advertising revenue.
B. Except as provided in this Article, a law enforcement officer or agency shall not
provide a copy of a booking photograph in any format to a person requesting a copy of that
photograph.
C.(1) No law enforcement officer or agency shall publish, release, or disseminate in
any format a booking photograph to the public or to a private person or entity unless any of
the following occurs:
(a) The individual is a fugitive, and a law enforcement officer or agency determines
that releasing or disseminating the booking photograph will assist in apprehending the
individual.
(b) A law enforcement officer or agency determines that the individual is an
imminent threat to an individual or to public safety and determines that releasing or
disseminating the booking photograph will assist in reducing or eliminating the threat.
(c) A judge of a court of competent jurisdiction orders the release or dissemination
of the booking photograph based on a finding that the release or dissemination is in
furtherance of a legitimate interest.
(d) The individual is convicted of or pleads guilty or nolo contendere to a crime,
lesser crime, or lesser included offense as defined in Article 558 in response to the same
crime for which he was arrested or if there is criminal litigation related to the same crime that
is pending or reasonably anticipated.
(e) The individual is charged with a crime of violence as defined in R.S. 14:2(B),
except stalking, or charged with any of the following offenses:
(i) Sex offenses as defined in R.S. 15:541.
(ii) Human trafficking offenses as defined in R.S. 14:46.2 and 46.3.
(iii) Offenses affecting the health and morals of minors, R.S. 14:91 et seq.
(iv) Offenses affecting the health and safety of persons with infirmities, R.S.14:93.3
et seq.
(v) Video voyeurism.
(vi) Cruelty to animals.
(vii) Dogfighting.
(2) Notwithstanding the provisions of Subparagraph (1) of this Paragraph, a law
enforcement officer or agency shall provide a copy of a booking photograph to the individual
who is the subject of the booking photograph or to the counsel of record for the individual
upon request.
(3) A booking photograph published, released, or disseminated by a law enforcement
officer or agency, except after the subject of the booking photograph being found guilty or
pleading guilty or nolo contendere as provided in Subsubparagraph (1)(d) of this Paragraph,
shall include a disclaimer that states "all persons are presumed innocent until proven guilty".
(4) No law enforcement agency or employee thereof shall be subject to civil action
or be held liable when the publication, release, or dissemination was made by mistake of fact
or error, or was inadvertent and made in good faith.
D. The publication of a booking photograph of a Louisiana resident constitutes
minimum contact with the state and by doing so, the party shall be subject to the jurisdiction
of Louisiana courts.
E.(1) A remove-for-pay publication or website shall remove and destroy a booking
photograph of an individual who submits a request for removal and destruction within seven
calendar days from the day that the individual makes the request if both of the following
conditions exist:
(a) The individual in the booking photograph was acquitted of the criminal charge
or not prosecuted, or the individual had the criminal charge expunged, vacated, or pardoned.
(b) The individual submits, in relation to the request, evidence of a disposition
described in Subsubparagraph (a) of this Subparagraph.
(2)(a) A remove-for-pay publication or website shall not require payment for
removal or destruction of the booking photograph.
(b) Any remove-for-pay publication or website that seeks any fee or other valuable
consideration for the removal or destruction of a booking photograph shall be subject to
prosecution under R.S. 14:66.
(3) If the remove-for-pay publication or website does not remove and destroy the
booking photograph, the remove-for-pay publication or website shall be liable for all costs,
including reasonable attorney fees, resulting from any legal action that the individual brings
in relation to the failure of the remove-for-pay publication or remove-for-pay website to
remove and destroy the booking photograph.
Acts 2022, No. 494, §2, eff. June 16, 2022.