'A Virtual Scarlet Letter': State Bill Would Restrict Release of Mugshots

Mugshots are often placed in photo galleries on newspaper and TV websites.

Mugshots are often placed in photo galleries on newspaper and TV websites. Shutterstock

 

Connecting state and local government leaders

The Utah proposal would prohibit distributing the photos unless a person is convicted of a crime, a change proponents say is needed to protect privacy in the digital age.

Mugshots would not become public in Utah unless the person in them is convicted of a crime, under a bill advancing through the state legislature.

The photos, taken during the jail booking process whenever a suspect is taken into custody, are typically made public right away and are often posted in galleries on newspaper and television station websites. But many of the people depicted in the photos aren’t convicted, and once a mugshot is posted online, it’s impossible to erase, said Rep. Keven Stratton, a Republican from Orem and the bill’s main sponsor.

“This bill seeks to address the inequality that comes when, in today’s high-tech world, a mugshot is released based on arrest or accusation,” Stratton said Thursday at a hearing of the House Law Enforcement and Criminal Justice Committee. “The reality is today, in doing so, we hang a virtual scarlet letter around the one that’s been accused or arrested that, indeed, has a constitutional opportunity and right to be presumed as innocent until proven guilty.”

Distributing law enforcement photos of suspects who are never convicted is tantamount to cruel and unusual punishment, Stratton said, which is prohibited under Utah’s constitution.

As written, the bill would make jail booking photographs “protected records” that can be disseminated publicly only if “the individual is convicted of a criminal offense.”

Mugshots could also be released if the person in the photo is a fugitive, or a threat to others or to public safety in general, or if releasing the image would “assist in apprehending the individual.” Judges could also order that individual mugshots be released if doing so “is in furtherance of a legitimate law enforcement interest.”

Several attorneys spoke in favor of the bill, including Utah County Attorney David Leavitt, who said he’d seen firsthand the damage a leaked mugshot can cause. Years ago, Leavitt said, he defended a dentist who was taken into custody when his assistant called the police after a young patient experienced pain during a routine dental procedure.

“He had his mugshot taken and he was on the 10 p.m. news,” Leavitt said. “When the case came to my office ... it was declined for prosecution. But if you Google that dentist’s name on the internet today, you’ll see a mugshot, despite the fact that he was never charged, let alone convicted.”

Leavitt said he and Stratton had worked with law enforcement agencies on the legislation to ensure proper exceptions for distribution of the photos in cases that warrant it. 

“We simply believe in today’s world that someone presumed innocent should not have their mugshot distributed worldwide for the rest of their lives on the internet,” he said. “We believe that’s the worst punishment someone could get and, in fact, it is cruel and unusual punishment.”

Several media representatives testified in opposition to the proposal, including Nate Carlisle, an investigative producer and reporter for Fox 13 Utah and a member of the Utah Media Coalition. Media outlets have been regulating their own usage of mugshots for years, he said, and would prefer to work with legislators to revamp their current policies rather than be subjected to broad government regulation.

“We do not publish every mugshot. We never have. We do not report on every crime. We never have,” he said. “We are judicious about this, and we are open to reevaluating this … but that doesn’t mean we should be sealing off mugshots from public access.”

The committee unanimously approved the bill. It goes next to the House for floor debate.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.