35-1-19. Disclosure of arrest booking photographs prohibited.

As used in this Code section, the term “booking photograph” means a photograph or image of an individual taken by an arresting law enforcement agency for the purpose of identification or taken when such individual was processed into a jail.#

Except as provided in Code Section 50-18-77 and booking photographs required for publication as set forth in Titles 16 and 40, for the state sexual offender registry, and for use by law enforcement agencies for administrative purposes, an arresting law enforcement agency or agent thereof shall not post booking photographs to or on a website.#

An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if:#

1. (1)

   Such booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; and#

2. (2)

   Removal or deletion of such booking photograph from such publication or website requires the payment of a fee or other consideration.#

When a person requests a booking photograph, he or she shall submit a statement affirming that the use of such photograph is in compliance with subsection (c) of this Code section. Any person who knowingly makes a false statement in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20.#