§ 17-22-30. Prohibition on providing copy of booking photograph -- Statement required -- Criminal liability for false statement.

(1) As used in this section, "booking photograph" means a photograph or image of an individual that is generated:

(a) for identification purposes; and

(b) when the individual is booked into a county jail.

(2) A sheriff may not provide a copy of a booking photograph in any format to a person requesting a copy of the booking photograph if:

(a) the booking photograph will be placed in a publication or posted to a website; and

(b) removal of the booking photograph from the publication or website requires the payment of a fee or other consideration.

(3)

(a) A person who requests a copy of a booking photograph from a sheriff shall, at the time of making the request, submit a statement signed by the person affirming that the booking photograph will not be placed in a publication or posted to a website that requires the payment of a fee or other consideration in order to remove or delete the booking photograph from the publication or website.

(b) A person who submits a false statement under Subsection (3)(a) is subject to criminal liability as provided in Section 76-8-504.

Enacted by Chapter 404, 2013 General Session