O.C.G.A.

O.C.G.A. § 35-1-19 (2019)

Disclosure of arrest booking photographs prohibited

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term ‘‘booking photograph’’ means a photograph or image of an individual taken by an arresting law enforcement agency for the purpose of identification or taken when such individual was processed into a jail.

(b) Except as provided in Code Section 50-18-77 and booking photographs required for publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry, and for use by law enforcement agencies for administrative purposes, an arresting law enforcement agency or agent thereof shall not post booking photographs to or on a website.

(c) An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if:

(1) Such booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; and

(2) Removal or deletion of such booking photograph from such publication or website requires the payment of a fee or other consideration.

(d) When a person requests a booking photograph, he or she shall submit a statement affirming that the use of such photograph is in compliance with subsection (c) of this Code section. Any person who knowingly makes a false statement in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20.

History

Code 1981, § 35-1-19, enacted by Ga. L. 2014, p. 742, § 1/HB 845.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2014, Code

Section 35-1-18, as enacted by Ga. L. 2014, p. 742, § 1/HB 845, was redesignated as Code Section 35-1-19.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Mccomas v. Unified Gov't of Athens Clarke Cnty. (M.D. Ga. 2025).
Mccomas v. Unified Gov't of Athens Clarke Cnty. (M.D. Ga. 2025). · cites it 4× “Mccomas was arrested for trespassing on May 29, 2023, and “his booking photographs were taken and distributed in such a way that violated” the booking photograph restrictions found in O.C.G.A. § 35-1-19(c). Pl.’s Mot. for Leave to Amend ¶ 11, ECF No.”
— 35-1-19(c) — 1 case
Mccomas v. Unified Gov't of Athens Clarke Cnty. (M.D. Ga. 2025). “Mccomas was arrested for trespassing on May 29, 2023, and “his booking photographs were taken and distributed in such a way that violated” the booking photograph restrictions found in O.C.G.A. § 35-1-19(c). Pl.’s Mot. for Leave to Amend ¶ 11, ECF No.”
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