{"data":{"id":"us-or/ors-133.875","jurisdiction":"us-or","citation":"ORS 133.875","heading":"Removal of booking photo from publication or website; liability.","body":"(1) Except as provided in subsection (2) of this section:\n      (a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within 30 calendar days of the date of the request.\n      (b) A publish-for-pay publication may not condition the removal or destruction of a booking photo on the payment of a fee of more than $50.\n      (c) If the publish-for-pay publication does not remove and destroy a booking photo as required by this subsection, the publish-for-pay publication is liable for:\n      (A) All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and\n      (B) Statutory damages of $500 per day for each day after the 30-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.\n      (2)(a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within seven calendar days of the date of the request if:\n      (A) The booking photo relates to a criminal charge for which the person was acquitted or not prosecuted, or to a criminal charge resulting a criminal conviction that has been set aside, vacated or pardoned; and\n      (B) The person submits to the publish-for-pay publication documentation of a disposition described in subparagraph (A) of this paragraph.\n      (b) A publish-for-pay publication may not condition the removal or destruction of a booking photo described in this subsection on the payment of any fee or other consideration.\n      (c) If the publish-for-pay publication that receives a request described in paragraph (a) of this subsection does not remove and destroy the booking photo as required by this subsection, the publish-for-pay publication is liable for:\n      (A) All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and\n      (B) Statutory damages of $1,000 per day for each day after the seven-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.\n      (d) An act by a publish-for-pay publication seeking to condition removal or destruction of a booking photo described in this subsection on the payment of any fee may be prosecuted as theft by deception under ORS 164.085.\n      (3) As used in this section:\n      (a) “Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.\n      (b) “Publish-for-pay publication” means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photo from the publication or website.","path":["04 - Criminal Procedure, Crimes","14. Procedure in Criminal Matters Generally","Chapter 133 — Arrest and Related Procedures; Search and Seizure; Extradition"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors133.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"d423e529a7c220be9b0d02746a6dbf4db8fe8cbd9d2d5233220cd81f1938fb40","source_id":"us-or","stale":false,"prev":"us-or/ors-133.870","next":"us-or/ors-133.990"},"notice":"GroundRules: Original legal text. Not legal advice."}