{"data":{"id":"us-az/a.r.s.-39-175","jurisdiction":"us-az","citation":"A.R.S. § 39-175","heading":"Deceased minor records; prohibited disclosures; exceptions; violation; classification; civil action; discipline or termination of employees","body":"A. The following records are confidential and may not be disclosed pursuant to this chapter or any other law:\n\n1. An image that depicts a deceased minor.\n\n2. Any law enforcement body-worn camera recording, dash camera recording or other law enforcement video recording that depicts a deceased minor or the location where the minor's death occurred, if known.\n\n3. Any emergency call recording.\n\n4. Any photograph, video recording or digital image of any part of the body of a deceased minor that is created during a death investigation.\n\nB. Notwithstanding subsection A of this section, a record listed in subsection A of this section may be disclosed to the following:\n\n1. The parent or legal guardian of the deceased minor unless the parent or legal guardian is the subject of an investigation involving homicide or child abuse of the deceased minor.\n\n2. The personal representative for the estate of the deceased minor.\n\n3. A law enforcement agency, prosecutor, medical examiner, child welfare agency or other government entity as part of an official investigation or court proceeding.\n\n4. A person who is authorized by an order from a court of competent jurisdiction on a finding of good cause. In determining whether good cause exists, the court shall consider all of the following:\n\n(a) The privacy interests of the deceased minor's surviving family members.\n\n(b) Whether the disclosure is necessary to evaluate the conduct of a public official or agency.\n\n(c) Whether the disclosure will cause emotional harm or trauma to the deceased minor's surviving family members.\n\n5. A child fatality review team established pursuant to title 36, chapter 35.\n\nC. In a criminal case involving a deceased minor, the prosecutor shall disclose the records listed in subsection A of this section to the defendant's attorney as provided by law and court rule. The defendant's attorney may share the records with a person who is employed to assist with the defense in the criminal case, but the records may not be further disseminated without a court order on a finding of good cause.\n\nD. If a record is released pursuant to subsection B or C of this section, the person receiving the record is prohibited from further disseminating the record, except as follows:\n\n1. As authorized pursuant to subsection B or C of this section.\n\n2. The parent or legal guardian of the deceased minor or the personal representative of the deceased minor's estate may disclose a record listed in subsection A of this section.\n\n3. To any person or entity for any purpose that is related to investigating an insurance claim or prosecution or defense of a personal injury or wrongful death claim involving or relating to a deceased minor.\n\nE. This section does not apply to a written incident report, investigative summary or other record that does not contain a visual depiction of the deceased minor or an emergency call recording.\n\nF. A person who knowingly releases a record to an unauthorized person in violation of this section is guilty of a class 1 misdemeanor.\n\nG. The parent, legal guardian or estate of a deceased minor may bring a civil action against any person who knowingly releases, provides or disseminates a record in violation of this section. In any action under this subsection, The court may award the following:\n\n1. Actual damages.\n\n2. Statutory damages of at least $5,000 and not more than $50,000 for each violation. Each record that is disclosed or distributed in violation of this section is a separate violation.\n\n3. Reasonable attorney fees and costs.\n\n4. Injunctive relief prohibiting further dissemination.\n\nH. A government entity may discipline or terminate an employee who knowingly violates this section.","path":["Title 39 Public Records, Printing and Notices"],"source_url":"https://www.azleg.gov/ars/39/00175.htm","current_through":"57th Legislature, 2nd Regular Session (effective 2027-01-01); mirror section count 24991","vintage":"2026-09-15","retrieved_at":"2026-09-26T04:29:04Z","sha256":"62db01e6d9a3b7839fe24a9db28313ba1160efed2cffbdb0cb266bad56b2077b","source_id":"us-az","stale":false,"prev":"us-az/a.r.s.-39-174","next":"us-az/a.r.s.-39-176"},"notice":"GroundRules: Original legal text. Not legal advice."}