Privacy Law Library

Commercial Use of Booking Photographs Prohibited

KY Mugshot Removal-Fee Ban

Government records · Other

Bars publishers and websites from using booking or inmate photographs obtained from public agencies for a commercial purpose when removal requires paying a fee. A person who asked for removal can sue for an injunction, fees, and escalating daily damages.

Where
Kentucky
Citation
KRS 61.8746 (created 2016 Ky. Acts ch. 101)
Status
In force
In force since
2016-07-15
Enforced by
Persons depicted, via civil action in Circuit Court
People can sue
Yes
Penalties
Injunction, costs, and attorney's fees; at the court's discretion, at least $100 per day for the first 30 days, $250 per day for the next 30 days, and $500 per day thereafter, each day a separate violation.
Applies to
  • Any person who publishes or posts booking photographs or inmate photographs obtained from a Kentucky public agency and charges a fee to remove them

Practices it requires

  • Do not publish or post agency-sourced booking or inmate photographs for a commercial purpose when removal requires payment of a fee or other consideration.KRS 61.8746(1)

Other duties

  • A person who requested removal may sue for injunctive relief, costs, attorney's fees, and escalating per-day damages.KRS 61.8746(2)-(3)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.