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Senate passes bill barring pay-to-remove use of booking photos; sponsor cites privacy and extortion risk
Summary
HB 408 bars using booking photographs on websites or in publications when removal requires payment, a practice sponsors described as a form of extortion. The Senate approved the bill after brief floor debate and will send it to the House for further consideration.
SALT LAKE CITY — The Utah Senate on March 14 passed House Bill 408, a measure intended to prevent commercial exploitation of criminal booking photographs.
Sen. Thatcher said the bill "prevents a booking photograph from being used to generate money by extorting that person into paying you money, or you'll publish their face and claim that they were booked into jail." He emphasized the bill does not restrict legitimate public uses of booking photographs but bars publications or websites that condition removal on payment.
Opponents noted the practical enforcement challenges and suggested the simple response is to "not get caught," but sponsors and several supporters emphasized the consequences for individuals—especially those who were innocent or whose cases were resolved—and public-safety risks when photographs are used to extort or to imply guilt that can damage reputations.
After moving to waive the three-reading requirement, the Senate approved HB 408 on a roll call (25 yea, 1 nay, 3 absent). The bill will be returned to the House for further consideration and signature by the Speaker.
What happens next: The House will receive the enrolled bill; if enacted, the law will restrict commercial uses of booking photographs that condition removal on payment but will not prevent other lawful uses of booking photos by public safety agencies or the media.
