Jun. 11, 2025
HARRISBURG – Rep. Aaron Bernstine (R-Butler/Lawrence) soon will be reintroducing his legislation aimed at stopping the commercial use of booking photographs, known as mugshots, by individuals and websites that charge people to have their photos removed.
“In recent years, we have seen an alarming rise in websites that exploit individuals by publishing their arrest photos online and then charging a fee to take them down,” said Bernstine. “These websites often fail to mention whether a person was ever convicted and create long-term harm to people’s lives and reputations.
The legislation would amend Pennsylvania’s Crimes Code to create a new criminal offense that prohibits publishing or disseminating booking photographs for commercial use. Under the proposal, anyone who publishes a mugshot and then solicits or accepts payment to remove or alter it would be guilty of a second-degree misdemeanor. This offense would carry a penalty of up to two years in prison and a fine of up to five thousand dollars. Each payment or solicitation would count as a separate violation.
Violations would also be considered a breach of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. A person could be prosecuted if either the victim or the offender resides in the Commonwealth.
The bill passed the Pennsylvania House of Representatives with strong bipartisan support in 2021.
“Many of the people who appear on these websites are never convicted of any crime, yet their images remain online indefinitely,” said Bernstine. “That can damage their job prospects, personal relationships and future opportunities. This legislation would ensure people are not forced to pay for their dignity.”
A recent ruling by the Pennsylvania Supreme Court confirmed that mugshots are considered criminal history record information under state law. As a result, they cannot be released by non-law enforcement agencies such as county prisons. This clarification makes the proposed legislation even more critical since many websites previously obtained these images through unofficial sources.
More than 16 states including Ohio and Louisiana have already enacted laws that prohibit this practice.
Representative Aaron Bernstine
8th Legislative District
Pennsylvania House of Representatives
Media Contact: Rick Leiner
717.260.6437 (office), 717.497.8478 (cell)
Rleiner@pahousegop.com
RepBernstine.com