{"data":{"id":"us-ky/krs-72.031","jurisdiction":"us-ky","citation":"KRS 72.031","heading":"Prohibited uses of autopsy photographs, other visual images, and video and","body":"audio recordings.\n(1) No autopsy photograph, other visual image in whatever form, video recording, or\naudio recording shall be open to the public unless the spouse or perso nal\nrepresentative of the decedent provides an express waiver to the state medical\nexaminer, coroner, or other public official in lawful possession of those materials to\nmake those materials public. However, the office of the state medical examiner, a\ncoroner, or other public official in lawful possession of an autopsy photograph,\nother visual image in whatever form, video recording, or audio recording shall make\nan autopsy photograph, other visual image in whatever form, video recording, or\naudio recording available to:\n(a) The spouse, children, and surviving parents, and the personal representative of\nthe decedent;\n(b) A law enforcement agency, any agency or panel required by statute to conduct\nfatality reviews, county attorney, Commonwealth's attorney, pu blic health\nofficer, or coroner having a bona fide interest in the case;\n(c) 1. A beneficiary under an insurance policy, for the purpose of processing a\nclaim related to the decedent's death; or\n2. An insurance company, with the written permission of the d ecedent's\nspouse or personal representative, for the purpose of processing a claim\nrelated to the decedent's death;\n(d) An attorney or an attorney's agents in a matter arising out of the decedent's\ndeath;\n(e) A defendant in any criminal case arising out of  the decedent's death if the\ndefendant is proceeding pro se in the case;\n(f) A physician or other medical professional licensed by the Commonwealth or\nanother state or territory under the jurisdiction of the United States for the\npurposes of teaching or for publication in a scientific journal or textbook;\n(g) A certified law enforcement instructor for the purpose of using the autopsy\nphotograph, other visual image in whatever form, video recording, or audio\nrecording in bona fide law enforcement training;\n(h) A county attorney, Commonwealth's attorney, public health officer, or coroner\nfor the purpose of using the autopsy photograph, other visual image in\nwhatever form, video recording, or audio recording in bona fide training;\n(i) A licensed attorney for t he purpose of using the autopsy photograph, other\nvisual image in whatever form, video recording, or audio recording in a\nKentucky continuing legal education program; and\n(j) A person disseminating the image as part of an informative, expressive, or\nartistic work, whether analog or digital, that is:\n1. Part of a play, book, magazine, newspaper, audiovisual work, or cable,\nbroadcast, or satellite television program; or\n2. Part of a work of art, including but not limited to news or commentary;\nafter a court with jurisdiction as provided in subsection (8)(a) of this section,\nin a proceeding including parties entitled to notice under subsection (8)(b) of\nthis section, has determined that the autopsy photograph, other visual image in\nwhatever form, video recording, or audio recording is newsworthy or pertains\nto a matter of public concern or public interest.\n(2) (a) Except as provided in paragraph (b) of this subsection, no medical examiner,\ncoroner, or other public official in lawful possession of an autopsy\nphotograph, other visual image in whatever form, video recording, or audio\nrecording shall knowingly release those materials to any person not\nspecifically authorized in subsection (1) of this section.\n(b) A medical examiner, coroner, or other public official in lawful possession of\nan autopsy photograph, other visual image in whatever form, video recording,\nor audio recording may publish such material in a scientific journal or\ntextbook, or use such material for bona fide teaching or training after:\n1. Redacting the decedent's name, address, and Social Security number;\nand\n2. Obscuring any distinguishing physical features which would allow a\nviewer to identify the decedent, inclu ding but not limited to the\ndecedent's face or any tattoos.\n(3) No autopsy photograph, other visual image in whatever form, video recording, or\naudio recording supplied by the state medical examiner, coroner, or other public\nofficial in lawful possession of those materials pursuant to subsection (1)(b) to (j) of\nthis section shall be used for any purpose not specifically described therein.\n(4) When the purpose for the use of an autopsy photograph, other visual image in\nwhatever form, video recording, or aud io recording has been achieved, the material\nshall be destroyed by the person to whom it was made available under this section.\n(5) When the state medical examiner, coroner, or other public official in lawful\npossession of an autopsy photograph, other visu al image in whatever form, video\nrecording, or audio recording makes the materials available under subsection (1)(f)\nto (j) of this section:\n1. The name, address, and Social Security number of the decedent shall be\nredacted; and\n2. Any distinguishing physi cal features which would allow a viewer to identify\nthe decedent, including but not limited to the decedent's face or any tattoos,\nshall be obscured.\n(6) Any person seeking any autopsy photograph, other visual image in whatever form,\nvideo recording, or au dio recording pursuant to this section shall pay any fee\nallowed under KRS 72.260 for the requested items.\n(7) The provisions of this section shall not be construed to contravene or limit the\nproduction of records pursuant to the Rules of Civil Procedure o r the Rules of\nCriminal Procedure.\n(8) (a) The Circuit Court of the county where the decedent resided or, if the decedent\nwas not a resident of the Commonwealth, in which an autopsy photograph,\nother visual image in whatever form, video recording, or audio  recording is\nlocated may, upon a showing of good cause, issue an order authorizing any\nperson to view or copy a photograph, other visual image in whatever form,\nvideo recording, or audio recording of an autopsy or to listen to or copy an\naudio recording o f an autopsy, and may prescribe any restrictions or\nstipulations that the court deems appropriate. In determining good cause, the\ncourt shall consider whether this disclosure is necessary for the public\nevaluation of governmental performance, whether the d isclosure is the least\nintrusive means available, and the availability of similar information in other\npublic records, regardless of form. In all cases, the viewing, copying, listening\nto, or other handling of a photograph, other visual image in whatever f orm,\nvideo recording, or audio recording of an autopsy shall be under the direct\nsupervision of the custodian of the record or of the custodian's designee.\n(b) 1. The spouse or personal representative of the decedent shall be given:\na. Reasonable notice of a petition filed with the court to view or copy\na photograph, other visual image in whatever form, video\nrecording, or audio recording of an autopsy or a petition to listen to\nor copy an audio recording;\nb. A copy of the petition; and\nc. Reasonable notice of the opportunity to be present and heard at any\nhearing on the matter.\n2. If there is no surviving spouse or personal representative, then the notice\nshall be given to the deceased's adult children or, if the deceased has no\nadult children, to the sur viving parents of the deceased, and, if there is\nno individual to represent the estate of the decedent, then the court shall\nproceed to schedule a hearing without giving such notice.","path":["KRS Chapter 72"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46287","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:33Z","sha256":"4d4a26051bf4e6b259f94d53cc91dac2dd58f4d602fcd2cd301ff056e15a6fd2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-72.030","next":"us-ky/krs-72.032"},"notice":"GroundRules: Original legal text. Not legal advice."}