Most of the new laws passed by the Missouri legislature and approved by Governor Nixon, will go into effect on August 28, 2014. As personal injury and criminal defense lawyers, new laws are not something that we normally get excited about. New laws in these areas often make it harder for an individual to have his/her day in court, or make crimes out of situations that aren’t really problems.

Missouri is one of a handful of states that has adopted >a new law that makes it a crime to post photos of an individual’s booking photo, a/k/a mugshot, for commercial purposes. Commercial purposes include posting the photo to the internet and then charging the individual a fee to remove it. In addition to making this conduct a crime, the new law will give the individual a civil cause of action with a minimum recovery of $10,000.00 or actual and punitive damages, whichever is greater. The new law protects those who have been charged with a crime but never convicted. The law does not protect those who have been convicted of a crime.

There are obvious First Amendment considerations with the new law. It is an obvious restraint on free speech to make it a crime to publish a photo. This law may not pass muster with the courts as a result. However, it does appear to try and protect the presumption of innocence until proven guilty, which is something all of us should support.

There’s no such thing as a “minor” criminal charge. When you’ve been accused of a crime, the possible outcomes include fines, imprisonment and, in some states, including Missouri, even the death penalty. We believe everyone accused of a crime has the right to a vigorous and skilled legal defense. If you’ve been accused of a crime and need an experienced criminal defense lawyer, please contact us.