§ 4191.
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/vt/title-9/chapter-117/4191A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 4191. Removal of booking photographs from the Internet; fees prohibited
(a)As used in this section, “booking photograph” means any photograph taken by a law enforcement office or other authorized person pursuant to 20 V.S.A. chapter 117.
(b)A person who posts or otherwise disseminates a booking photograph on the Internet shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disseminating the booking photograph if requested by the depicted person.
(c)A person who violates subsection
(b)of this section shall be assessed a civil penalty of not more than $1,000.00 for the first violation and not more than $2,500.00 for each subsequent violation.
(d)A person who sustains damages or injury as a result of a violation of this section may bring an action in Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. The court may issue an award for the person’s actual damages or $500.00 for a first violation or $1,000.00 for each subsequent violation, whichever is greater. This subsection shall not limit any other claims a person who sustains damages or injury as a result of a violation of this section may have under applicable law.
(e)This section shall not be construed to limit a person’s liability under any other law. (Added 2015, No. 62, § 4.)