Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
(1) A person shall not utilize a booking photograph or a photograph of an inmate taken pursuant to KRS 196.099 originally obtained from a public agency for a commercial purpose if:
(a) The photograph will be placed in a publication or posted on a Web site; and
(b) Removal of the photograph from the publication or Web site requires the payment of a fee or other consideration.
(2) Any person who has requested the removal of a booking photograph or photo taken pursuant to KRS 196.099 of himself or herself:
(a) Which was subsequently placed in a publication or posted on a Web site; and
(b) Whose removal requires the payment of a fee or other consideration;
shall have a right of action in Circuit Court by injunction or other appropriate order and may also recover costs and reasonable attorney's fees.
(3) At the court's discretion, any person found to have violated this section in an action brought under subsection (2) of this section, may be liable for damages for each separate violation, in an amount not less than:
(a) One hundred ($100) dollars a day for the first thirty (30) days;
(b) Two hundred and fifty ($250) dollars a day for the subsequent thirty (30) days; and
(c) Five hundred ($500) dollars a day for each day thereafter.
If a violation is continued for more than one (1) day, each day upon which the violation occurs or is continued shall be considered and constitute a separate violation.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title VIII. Offices and Officers § 61.8746.Commercial use of booking photographs or official inmate photographs prohibited; conditions; right of action; damages - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-viii-offices-and-officers/ky-rev-st-sect-61-8746/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)