Publication of Booking Photos

Effective June 16, 2022, the Louisiana Legislature passed and Governor John Bel Edwards signed into law Act 494, which regulates the publication of booking photos of arrested individuals. Act 494 enacts Louisiana Code of Criminal Procedure Article 234.

Article 234 prohibits Louisiana law enforcement agencies from releasing booking photographs of individuals to a person requesting a copy unless it is subject to one of the following exceptions:

“(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.

(ii) Offenses affecting the public 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.”

La CCrP Art. 234(C)(1). If a law enforcement agency publishes a booking photo pursuant to one of these exceptions and prior to a conviction, it must contain the disclaimer: “all persons are presumed innocent until proven guilty.” La CCrP Art 234(C)(3). This statute further requires “remove-for-pay” websites to remove booking photographs without payment under certain circumstances and establishes that failure to do so will subject the website to prosecution for extortion pursuant to Louisiana Revised States Title 14, §66.

If you or someone you know has been arrested and is seeking criminal representation, call our office at (318) 459-9111 to schedule a consultation.