Kentucky’s mugshot law, codified as KRS § 61.8746, is designed to stop mugshot websites from charging people to remove their booking photos. It targets the commercial use of inmate photos and gives individuals the legal right to fight back against exploitation.
Want to know more about mugshot laws? Check out our full article on Mugshot laws across the U.S.
What the Kentucky Mugshot Law Covers
Under the statute, any website or publication that posts mugshots cannot demand payment to remove them. If someone is asked to pay a fee for removal, that triggers legal rights under the law.
Looking for a broader or more specific solution? Start with our full guide on how to remove mugshots from Google.
61.8746 Commercial use of booking photographs or official inmate photographs
prohibited — Conditions — Right of action — Damages.
(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.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 101, sec. 1, effective July 15, 2016.
Penalties for Violations
If a website refuses to remove the photo, it can be sued. Kentucky law allows the court to award:
- $100/day for the first 30 days
- $250/day for the next 30 days
- $500/day for each day after that
Each day is treated as a separate violation.
Why Kentucky Passed This Law
Like many states, Kentucky saw an increase in mugshot sites charging hundreds of dollars to take down photos — even in cases where charges were dropped or never filed. KRS § 61.8746 shuts that down by outlawing the pay-to-remove model and empowering individuals to take legal action.
This consumer-focused law stops mugshot profiteering and ensures people have real options to protect their online reputation.
How to Remove Your Mugshot in Kentucky
1. Find the Mugshot and Website
- Confirm the mugshot appears on a commercial site that charges for removal.
2. Request Removal in Writing
- Send a written demand. Keep records of communication and dates.
3. Track the Timeline
- Monitor how long your photo stays up. Once 30 days pass, penalties begin accruing.
4. Take Legal Action if Ignored
- You can file a case in Circuit Court and may recover costs, damages, and legal fees.
FAQs About Kentucky’s Mugshot Law
Is it illegal for mugshot sites to charge for removal in Kentucky?
Yes. KRS § 61.8746 prohibits any site from charging a fee to remove booking photos.
What if my case was dismissed or never filed?
You’re still covered. If a site monetizes your photo, you can demand removal and sue if they ignore the law.
What penalties can a site face?
Up to $500 per day after 60 days, plus attorney fees and court costs. Each day counts as a new violation.
Are news sites affected by this law?
No. News organizations using mugshots for legitimate journalistic purposes are exempt.
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