Obligations Arising From Particular TransactionsCommercial Use of Booking Photographs 1798.91.1

Section § 1798.91

Explanation

This law says that it is illegal for anyone who publishes arrest photos (like mugshots) to ask for or take money to remove or change them. Public entities can charge a reasonable fee to fix a photo. If someone breaks this rule, the person in the photo can sue for at least $1,000 or more if they have higher damages, plus other legal costs. The lawsuit can also be filed where the arrested person lives.

(a)CA Civil Law Code § 1798.91(a) For the purposes of this section, the following definitions shall apply:
(1)CA Civil Law Code § 1798.91(a)(1) “Booking photograph” means a photograph of a subject individual taken pursuant to an arrest or other involvement in the criminal justice system.
(2)CA Civil Law Code § 1798.91(a)(2) “Subject individual” means an individual who was arrested.
(3)CA Civil Law Code § 1798.91(a)(3) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity.
(4)CA Civil Law Code § 1798.91(a)(4) “Public entity” means the state, county, city, special district, or other political subdivision therein.
(b)CA Civil Law Code § 1798.91(b) It shall be unlawful practice for any person engaged in publishing or otherwise disseminating a booking photograph through a print or electronic medium to solicit, require, or accept the payment of a fee or other consideration from a subject individual to remove, correct, modify, or to refrain from publishing or otherwise disseminating that booking photograph.
(c)CA Civil Law Code § 1798.91(c) Notwithstanding subdivision (b), a public entity may require and accept a reasonable administrative fee to correct a booking photograph.
(d)CA Civil Law Code § 1798.91(d) Each payment solicited or accepted in violation of these provisions constitutes a separate violation.
(e)CA Civil Law Code § 1798.91(e) In addition to any other sanctions, penalties, or remedies provided by law, a subject individual may bring a civil action in any court of competent jurisdiction against any person in violation of this section for damages in an amount equal to the greater of one thousand dollars ($1,000) per violation or the actual damages suffered by him or her as a result, along with costs, reasonable attorney’s fees, and any other legal or equitable relief.
(f)CA Civil Law Code § 1798.91(f) The jurisdiction of a civil action brought pursuant to subdivision (e) shall also include the county in which the subject individual resides at the time of the violation of this section.
booking photographs mugshots removal fee public disseminating ...