The law would apply to first responders.
After Kobe Bryant and 8 others died in a helicopter crash earlier this year, reports surfaced that deputies from the Los Angeles County Sheriff’s Department had shared graphic photos from the crash site. A citizen made a complaint that a deputy had shown pictures of the crash site in a bar, and Sheriff Alex Villaneuva later stated that as many as 8 deputies had taken, seen, or exchanged photos from the scene. In response to those allegations, a state assembly person has introduced a bill that would make it a crime for first responders to share these types of images unless specifically authorized.
Under Assembly Bill 2655, titled Invasion of Privacy: First Responders, it would be a crime for a first responder to capture an image of a deceased person for any purpose other than an official law enforcement purpose or for a genuine public interest. Specifically, first responders who go to the scene of an accident or crime would be forbidden from using a personal electronic device (like a smart phone) or a device that belongs to their agency to take a photo or video of a deceased person unless they are authorized to do so.
As a criminal lawyer in Riverside, CA can explain, if this bill is passed, a violation of the law would be a misdemeanor offense. It would be punishable by a fine of up to $5,000 per violation and/or up to 1 year in jail. For purposes of the law, first responders include state or local peace officers, paramedics, emergency medical technicians, rescue safety personnel, public safety dispatcher, emergency response communication employee, emergency manager, firefighter, coroner, or employee of a coroner.
This law would be a form of an invasion of privacy crime that exclusively applies to first responders responding to a crash or crime scene. Under California law, it is also illegal to use a device to view someone inside of a private room, to secretly record or photograph a person’s body under their clothing, or to secretly record or photograph someone in a private room to view their body. This crime is also a misdemeanor, and is punishable by a fine of up to $1,000 and/or a jail term of up to 1 year.
We trust first responders to act responsibly. Taking and sharing photos of a tragedy is a violation of that trust. Kobe Bryant’s widow, Vanessa, spoke out about how she felt incredibly violated to learn that law enforcement officers were sharing photos of the crash in which her husband, daughter, and friends died. In California, with a relatively high number of celebrities and high profile figures, this law may be necessary to prevent graphic photos from being shared.
If you have been charged with a crime, whether it is related to invasion of privacy or another offense, the Chambers Law Firm is here to help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a criminal lawyer in Riverside, CA.
