Art. 234. Booking photographs
A. As used in this Article:
(1) "Booking photograph" means a photograph or still, nonvideo 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 primarily utilizes the publication of booking
photographs for profit or to obtain advertising revenue.
B.(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; Acts 2023, No. 303, §1; Acts 2024, No.
281, §1.