Quick Summary
Photographs or video of a dead body taken by the coroner cannot be disseminated or used except:
1. In a criminal prosecution relating to the death of the decedent, or
2. If a court orders release of the media after a showing of good cause is made.
Code of Civil Procedure Section 129.
Law Review
Code of civil Procedure Section 129, also known as the anti-papparazi law, says that any photo, video, print, copy, and so on taken by or for a coroner of a dead body, cannot be used or disseminated.
The rule applies to photos of the body at the scene of death, and also in the coroner's office.
There are limited exceptions allowing photos to be used:
1. In a criminal prosecution by the state relating to the death of the person shown in the photo.
2. Medical or scientific research.
3. Law enforcement needs for body identification.
4. If a court orders release after a showing of good cause.
The law is silent about what constitutes good cause.
If the use is a "good use", such as a civil action for wrongful death, that will undoubtedly be allowed by a court in the interests of justice.
If the use is by the papparazi, or to make a quick buck from death photos of a celebrity, expect a much harder time convincing a court there is "good cause" for release of the photo or video.
On the other hand, a journalist investigating the cause of death is more likely to show a public need for a photo.
Section 129 effectively creates an exception to public records that might otherwise be available from the coroner.
Related Lawzilla Information
Linda Garret vs. Conti Materials Service LLC - Court approves giving coroner photos to litigants in a civil wrongful death lawsuit.
Weird and Strange But True California Laws
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