Section 51: Photos taken outside of first responder's official duties; penalties

328 words·~1 min read·/ma/part-iv/title-i/chapter-271/51

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Section 51.

(a)As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:-

''First responder'', a law enforcement officer, a paid, call, reserve or volunteer firefighter, a paid, call, reserve or volunteer emergency medical technician or any other person whose usual and regular duties include rendering assistance at the scene of a crime, accident or other emergency.

''Immediate family member'', a spouse, child, step-child, adopted child, sibling, step sibling, adopted sibling, parent, step-parent, legal guardian, adoptive parent, grandparent or grandchild.

(b)No first responder who responds to or is otherwise present at the scene of a crime, accident or other emergency in the performance of the first responder's official duties shall take a photographic or digital image of a victim of a crime, accident or emergency unless the first responder takes the photographic or digital image:

(i)in the performance of the first responder's official duties; or

(ii)upon the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim; provided, however, that this subsection shall not apply to the use by a first responder of body-worn cameras or cameras mounted on a first responder's vehicle.

(c)No first responder shall, other than in the performance of the first responder's official duties, transmit, disseminate or otherwise make available to a third person a photographic or digital image of a victim of a crime, accident or emergency without the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim; provided, however, that this subsection shall not apply to the use by a first responder of body-worn cameras or cameras mounted on a first responder's vehicle.

(d)A first responder who knowingly violates subsection

(b)or

(c)shall be punished by a fine of not more than $2,000, by imprisonment for not more than 1 year or by both such fine and imprisonment.