Section 407.1150

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2014   

  407.1150.  Publishing or disseminating criminal record information prohibited — definitions — violation, penalty. — 1.  As used in this section, the following words and phrases shall mean:

  (1)  "Booking photograph", a photograph of a subject individual that was taken in this state by an arresting law enforcement agency;

  (2)  "Criminal record information", a booking photograph, or the name, address, charges filed, or a description of a subject individual who is asserted or implied to have engaged in illegal conduct;

  (3)  "Subject individual", an individual who was arrested and had his or her photograph taken by law enforcement during the processing of the arrest.

  2.  It shall be unlawful for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium to solicit or accept from a subject individual the payment of a fee or other consideration to remove or correct criminal record information.

  3.  A person who knowingly and willfully violates the provisions of this section shall be guilty of a class A misdemeanor.

  4.  Each payment solicited or accepted in violation of this section constitutes a separate violation.

  5.  In addition to the remedies already provided in this section, any subject individual who suffers a loss or harm as a result of a violation of this section may be awarded an amount equal to ten thousand dollars or actual and punitive damages, whichever is greater, and in addition may be awarded reasonable attorney's fees, court costs, and any other remedies provided by law.  Humiliation or embarrassment shall be adequate to show that the plaintiff has incurred damages; however, no physical manifestation of either humiliation or embarrassment is necessary for damages to be shown.

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(L. 2014 H.B. 1665 & 1335)