After sheriff’s deputies in Los Angeles County shared graphic photos from the helicopter crash that killed Lakers star Kobe Bryant, his daughter Gianna, and seven others in Calabasas, the California Senate has approved a bill that would make it a crime for first responders to take pictures of dead people for reasons other than official investigations. According to a report in the Los Angeles Times, the Assembly had previously approved the bill, which Gov. Gavin Newsom must next sign.
How the Accident or Crime Scene Law Has Changed
Assemblyman Mike Gipson (D-Carson) introduced the bill after the LA Times reported that deputies shared photographs of the scene of the Jan. 26 crash. Gipson said he was “mortified” to learn that first responders had shared unauthorized photos from the crash scene. The measure, which the Los Angeles Sheriff’s Department proposed, would make it a misdemeanor for a law enforcement official to photograph a deceased person at a crime or accident scene unless it is required for an official investigation.
A conviction would be punishable by up to a year in jail and up to $1,000 in fines. The Times reported that three days after the helicopter crash, a Los Angeles County deputy was at a Norwalk bar and allegedly showed other patrons some gruesome photos taken at the scene. After a citizen complained, Los Angeles Sheriff Alex Villanueva acknowledged that the department ordered deputies to delete images.
Unauthorized Photos or Video
Current law prohibits the reproduction of photos taken by a coroner of a body at an accident or crime scene. However, there is no ban on unauthorized photos taken by first responders, including police officers, firefighters, and ambulance crews. Because we now have smartphones and social media platforms, it is easier to capture and upload photos to the Internet, where they can be shared numerous times.
First responders inflict additional trauma on grieving families when they cross ethical boundaries by sharing graphic images from tragic scenes. The proposed California law targeting unauthorized photos at crash scenes represents an important step toward protecting victims’ dignity and privacy.
We strongly support this legislation as legal professionals dedicated to protecting victims’ rights. Smartphones and social media have made it disturbingly easy to capture and distribute deeply personal images of people at their most vulnerable moments. This law sends a clear message that such privacy violations are unacceptable.
The proposed penalties—up to one year in jail and $1,000 in fines—reflect the serious nature of these privacy breaches. By criminalizing unauthorized crash scene photography, California can help prevent further emotional damage to families already suffering immense loss.
A Much-Needed Privacy Law
Our Los Angeles personal injury lawyers fully support this new law, which protects victims and their families. It is absolutely disgusting to share photos of individuals—be they injured or deceased victims—at a time when they are at their most vulnerable. Further, it is devastating for grieving families and loved ones who, in some cases may not even be aware of a family member’s death. We hope Gov. Newsom signs this bill into law so it takes effect and serves to protect vulnerable victims and their families.
Source: https://www.latimes.com/california/story/2020-08-29/photos-taken-at-kobe-bryant-crash-site-prompt-tougher-california-privacy-law
