'Son of Sam' statutes:
federal and state summary

This research package presents information on legal issues and legislation concerning attempts to prevent criminals from profiting through sale of their memoirs and other intellectual property.


Federal Son of Sam statute:
   
18 U.S.C.S. § 3681 (Lexis 2000)

40 states that have active Son of Sam statutes:

  • States with active Son of Sam statutes that have not been replaced or struck down by a court (35):
Alabama Indiana
Alaska Iowa
Arizona Kansas
Arkansas Kentucky
California Maine
Colorado Maryland
Connecticut Michigan
Delaware Minnesota
Florida Mississippi
Georgia Montana
Hawaii Nebraska
Idaho New Jersey
  • States that repealed Son of Sam statutes and then replaced them with active statutes (4):

New York (Original statute struck down by the Supreme Court in Simon & Schuster, Inc. v. New York State Crime Victims Bd. 112 S. Ct. 501 (1991)) (replaced 1992)
Pennsylvania
Tennessee (replaced 1994)
Utah (replaced 1996) 

  • States that left Son of Sam statues active although statute struck down by court (1):

Rhode Island (Bouchard v. Price 694 A.2d 670 (S.Ct. R.I. 1997))

3 states have never enacted Son of Sam statutes:

New Hampshire
North Carolina
Vermont

7 states that repealed Son of Sam statutes without replacing them:

Illinois
Louisiana
Massachusetts
Missouri
Nevada
South Carolina
Texas

Jurisdiction

Statutory Language
Federal

Citation: 18 U.S.C.S. 3681 (Lexis 2000) History: Enacted in 1984.

TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART II. CRIMINAL PROCEDURE
CHAPTER 232A. SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME

18 USCS 3681 (2000)

3681. Order of special forfeiture

   (a) Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under section 794 of this title or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant's thoughts, opinions, or emotions regarding such crime.   Back to top

Alabama

Citation: ALA.CODE 41-9-80 (Michie 2000)
History: Enacted in 1979.

TITLE 41. STATE GOVERNMEN
CHAPTER 9. BOARDS AND COMMISSIONS
ARTICLE 4. BOARD OF ADJUSTMENT
DIVISION 2. ESCROW ACCOUNTS FOR BENEFIT OF CRIME VICTIMS

Code of Ala. 41-9-80 (2000)

41-9-80. Generally

Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, indicted or convicted of a felony in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of such person's thoughts, feelings, opinions or emotions regarding such crime, shall pay over to the Board of Adjustment any moneys which would otherwise, by terms of such contract, be owing to the person so convicted or his representatives. Any person, firm, corporation, partnership, association or other legal entity who fails to pay said moneys to the Board of Adjustment shall be guilty of a felony punishable by imprisonment for not less than one nor more than 10 years and by a fine equal to the net proceeds earned as a result of the reenactment of the crime. The Board of Adjustment shall deposit such moneys in an escrow account for the benefit of and payable to any victim of crimes committed by such person, provided that such person is eventually convicted of the crime and provided further that such victim, within five years of the date of the crime, brings a civil action in a court of competent jurisdiction and recovers a money judgment against such person or his representatives.   Back to top

Alaska

Citation: ALASKA STAT. 12.61.020 (Mathew Bender 2000)

History: Enacted in 1984.

TITLE 12. CODE OF CRIMINAL PROCEDURE
CHAPTER 61. RIGHTS OF VICTIMS; PROTECTION OF VICTIMS AND WITNESSES
ARTICLE 1. RIGHTS AND DUTIES

Alaska Stat. 12.61.020 (2001)

Sec. 12.61.020. Money received as the result of the commission of a crime

   (a) Every person contracting with an offender with respect to the reenactment of the offender's crime by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of the offender's thoughts, feelings, opinions, or emotions regarding the crime, shall pay to the state any money that would otherwise be owing to the offender.
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Arizona

Citation: ARIZ. REV. STAT. 13-4202 (Mathew Bender 2000)
History: Enacted in 1978.

TITLE 13. CRIMINAL CODE
CHAPTER 38. MISCELLANEOUS
ARTICLE 27. CRIME VICTIM ACCOUNTS

A.R.S. 13-4202 (2000)

13-4202. Void contracts; crime victim accounts; establishment; notice to victims; exceptions; civil liability; definition A. Every contract whether written or oral, express or implied, with an accused with respect to the reenactment of a crime by movie, book, article, radio or television presentation, live entertainment or expression of thoughts, feelings, opinions or emotions is contrary to public policy and void unless the contract provides for payment to the commission of any monies which would be paid to the accused for such information or rights.
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Arkansas

Citation: ARK. CODE ANN. 16-90-308 (1987)
History: Enacted in 1985.

TITLE 16. PRACTICE, PROCEDURE, AND COURTS
SUBTITLE 6. CRIMINAL PROCEDURE GENERALLY
CHAPTER 90. JUDGMENT AND SENTENCE GENERALLY
SUBCHAPTER 3. RESTITUTION TO VICTIMS

Ark. Stat. Ann. 16-90-308 (2000)

16-90-308. Proceeds from sale of rights arising from criminal act

   (a) (1) Any person, referred to as the defendant in this section, who has been convicted of, or has pled guilty or nolo contendere to, any crime, who contracts to reenact the crime by use of any book, motion picture, magazine article, radio or television presentation, live entertainment, or any live or recorded presentation, or from the expression of his thoughts, opinions, or emotions regarding the crime, shall pay to the circuit court wherein the charges were filed any money or thing of value contracted to be paid to the defendant, his spouse, heirs, assigns, and transferees. Back to top

California

Citation: CAL. CIV. CODE 2225 (Deering 2001)
History: Enacted in 1987.

CIVIL CODE
DIVISION 3. Obligations
PART 4. Obligations Arising from Particular Transactions

TITLE 8. Involuntary Trusts

Cal Civ Code 2225 (2001)

2225. Proceeds from sale of story of felony by convicted felon; Involuntary trust

   (a)(3)(B) "Profiteer of the felony" means any person who sells or transfers for profit any memorabilia or other property or thing of the felon, the value of which is enhanced by the notoriety gained from the commission of the felony for which the felon was convicted. This subparagraph shall not apply to any media entity reporting on the felon's story or on the sale of the materials, memorabilia, or other property or thing of the felon. Nor shall it apply to the sale of the materials, as the term is defined in paragraph (6), where the seller is exercising his or her first amendment rights. This subparagraph also shall not apply to the sale or transfer by a profiteer of any other expressive work protected by the First Amendment unless the sale or transfer is primarily for a commercial or speculative purpose.

    (10) (b)(1) All proceeds from the preparation for the purpose of sale, the sale of the rights to, or the sale of materials that include or are based on the story of a felony for which a convicted felon was convicted, shall be subject to an involuntary trust for the benefit of the beneficiaries set forth in this section. That trust shall continue until five years after the time of payment of the proceeds to the felon or five years after the date of conviction, whichever is later. If an action is filed by a beneficiary to recover his or her interest in a trust within those time limitations, the trust character of the property shall continue until the conclusion of the action. At the end of the five-year trust period, any proceeds that remain in trust that have not been claimed by a beneficiary shall be transferred to the Controller, to be allocated to the Restitution Fund for the payment of claims pursuant to Section 13969 of the Government Code. Back to top

Colorado

Citation: COLO. REV. STAT. 24-4.1-201 (2000)
History: Enacted in 1984.

TITLE 24. GOVERNMENT - STATE
ADMINISTRATION
ARTICLE 4.1. CRIME VICTIM COMPENSATION AND VICTIM AND WITNESS RIGHTS
PART 2. COMPENSATION FROM BENEFITS OF CRIME

C.R.S. 24-4.1-201 (2000)
24-4.1-201. Distribution of profits from crime - escrow account - civil suit by victim

(1) The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism whereby any profits from a crime that are received by the person convicted of the crime are available as restitution to the victims of the crime.

(1.5) (a) For purposes of this part 2, "profits from the crime" means:

(I) Any property obtained through or income generated from the commission of the crime of which the defendant was convicted;

(II) Any property obtained by or income generated from the sale, conversion, or exchange of proceeds of the crime of which the defendant was convicted, including any gain realized by such sale, conversion, or exchange; and

(III) Any property that the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.
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Connecticut

Citation: CONN. GEN. STAT. 54-218 (1999)
History: Enacted in 1982.

TITLE 54. CRIMINAL PROCEDURE
CHAPTER 968. VICTIM SERVICES

Conn. Gen. Stat. 54-218 (1999)

Sec. 54-218. Profits derived as result of crime of violence. Recovery of money judgment by victim. Payment to Criminal Injuries Compensation Fund.

   (a) Any person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person accused of a crime of violence in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of such person's thoughts, feelings, opinions or emotions regarding such crime, shall pay over to the Office of Victim Services any moneys which would otherwise, by terms of such contract, be owing to the persons so accused or the accused's representatives. The Office of Victim Services shall deposit such moneys in an interest-bearing escrow account for the benefit of and payable to such accused person for the expenses of his or her defense and any victim of a crime of violence committed by such person, provided such person is finally convicted of a crime of violence for which compensation may be paid and, provided further such victim brings a civil action in a court of competent jurisdiction within five years of the date of the crime and recovers a money judgment against such person or his or her representatives. Any covenant, promise, agreement or understanding entered into or in connection with or collateral to a contract or agreement relative to the payment of any person accused or convicted of a crime of violence which attempts to circumvent the provisions of this section is prohibited. Back to top

Delaware

Citation: DEL. CODE ANN. tit. 11, 9101, -9103 (2000)
History: Enacted in 1980.

TITLE 11. CRIMES AND CRIMINAL PROCEDURE
PART VI. VICTIMS OF CRIMES
CHAPTER 91. DISTRIBUTION OF MONEYS RECEIVED AS RESULT OF COMMISSION OF CRIME

11 Del. C. 9101 (2000)

9101. Findings

The General Assembly finds that it is against public policy and the welfare of the citizens of Delaware to allow a person accused or convicted of a crime to benefit financially from a published reenactment of said crime or any incidents involved therein. The General Assembly further finds that a system is required to provide for the distribution of moneys received as a result of the commission of a crime in order that victims of crime may be adequately compensated.

11 Del. C. 9103 (2000)

9103. Distribution of moneys

   (a) Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person convicted of a crime in this State, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such convicted person's thoughts, feelings, opinions or emotions regarding such crime if such expression represents the primary contents of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, or live entertainment of any kind, shall submit a copy of such contract to the Board and pay over to the Board any moneys which would otherwise, by terms of such contract, be owing to the person convicted or the person's representatives. The Board shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by such convicted person, provided that such victim, or the legal representative of any such victim, within 5 years from the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or the person's representatives. Back to top

Florida

Citation: FLA. STAT. Ch. 944.512 (2000)
History: Enacted in 1977.

TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
CHAPTER 944 STATE CORRECTIONAL SYSTEM

Fla. Stat. 944.512 (2000)

944.512 State lien on proceeds from literary or other type of account of crime for which convicted.

   (1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved. Back to top

Georgia

Citation: GA.CODE ANN. 17-14-31 (2000)
History: Enacted in 1979.

TITLE 17. CRIMINAL PROCEDURE

CHAPTER 14. RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES ARTICLE 2. DISTRIBUTION OF PROFITS OF CRIMES

O.C.G.A. 17-14-31 (2000)

17-14-31. Contract regarding reenactment of crime; deposit of consideration in escrow; claim notification; notice of availability of escrow moneys; disposition of escrow moneys; actions taken to defeat purpose

   (a) (1) Every person, firm, corporation, partnership, association, or other legal entity contracting with any person or with the representative or assignee of any person who has been accused or convicted of a crime in this state with respect to the reenactment of the crime by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, or live entertainment of any kind or with respect to the expression of the accused or convicted person's thoughts, feelings, opinions, or emotions regarding the crime shall submit a copy of the contract to the board and shall pay over to the board any moneys which would otherwise, by the terms of the contract, be owing to the accused or convicted person or to his representatives. Back to top

Hawaii

Citation: HAW. REV. STAT. 351-81 (Michie 2000)
History: Enacted in 1986.

DIVISION 1. GOVERNMENT
TITLE 20. SOCIAL SERVICES
CHAPTER 351. CRIME VICTIM COMPENSATION
PART VI. LIMITING COMMERCIAL EXPLOITATION OF CRIME

HRS 351-81 (2000)

351-81. Deposit of copy of contract upon indictment or charge of criminal offense

Every person, firm, corporation, partnership, association, or other legal entity upon entering into a contract with any person indicted or charged with a criminal offense committed in this State or a representative or assignee of any such person, shall submit a copy of the contract to the commission if:

    (1) The contract provides for monetary compensation payable to the person indicted or charged or payable at the person's direction; and

    (2) The subject matter of the contract is the reenactment of the crime, or the expression of the thoughts, feelings, opinions, or emotions of the person about the criminal offense for which the person is indicted or charged which is to be reflected in a movie, book, article, radio or television program, or other form of communication. Back to top

Idaho

Citation: IDAHO CODE 19-5301 (Mathew Bender 2000)
History: Enacted in 1978.

PENAL CODE
TITLE 19. CRIMINAL PROCEDURE
CHAPTER 53. COMPENSATION OF VICTIMS OF CRIMES

Idaho Code 19-5301 (2000)

19-5301. Distribution of moneys received as a result of the commission of crime

    (1) Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of such person's thoughts, feelings, opinions or emotions regarding such crime, shall pay over to the state treasurer any moneys which would otherwise, by terms of such contract, be owing to the person so convicted or his representatives. The state treasurer shall deposit such moneys in an escrow account for the benefit of and payable to any victim of crimes committed by such person, provided that such person is eventually convicted of the crime or is acquitted on the ground of mental disease or defect excluding responsibility and provided further that such victim, or his personal representative, within five (5) years of the date the escrow account has been established, brings a civil action in a court of competent jurisdiction and recovers a money judgment against such person or his representatives.
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Illinois

Citation: 725 ILL. COMP. STAT. ANN. 145/1 to /14 (Mathew Bender 2000) (repealed 1992).

History: Enacted in 1979 and repealed in 1992.

CHAPTER 725. CRIMINAL PROCEDURE

CRIMINAL VICTIMS' ASSET DISCOVERY ACT

725 ILCS 145/4 (2000)

[Prior to 1/1/93 cited as: Ill. Rev. Stat., Ch. 70, para. 404]

725 ILCS 145/4 through 725 ILCS 145/14

Repealed by P.A. 87-1157, 4, effective September 18, 1992. Back to top

Indiana

Citation: IND. CODE ANN. 5-2-6.3-3 (Burns 2000)
History: Enacted in 1982.

TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 2. LAW ENFORCEMENT OFFICERS -- FIRE-FIGHTING PERSONNEL
CHAPTER 6.3. BROADCAST OR PUBLICATION OF CRIME STORIES OF ACCUSED OR CONVICTED FELONS

Burns Ind. Code Ann. 5-2-6.3-3 (2000)

5-2-6.3-3. Income paid to division -- Notice to victims or heirs

    (a) If:
    (1) A responsible party derives income or other proceeds directly or indirectly from a felony of which the responsible party has been accused or convicted:
   
   (A) The responsible party; or
      
(B) Any other person that possesses or controls the income or proceeds; shall transfer ninety percent (90%) of the income or proceeds to the division; and

    (2) A person contracts with a responsible party after August 31, 1982, for:
       
(A) The publication of;
       (B) The broadcasting of; or
       (C) A speaking engagement in which the responsible party speaks about;

the responsible party's thoughts, feelings, opinions, or emotions regarding a felony of which the responsible party has been accused or convicted, the person shall submit a copy of the contract to the division and shall pay to the division ninety percent (90%) of the money that would otherwise, by terms of the contract, be owed to the responsible party. Back to top

Iowa

Citation: IOWA CODE 910.15 (1999)
History: Enacted in 1982.

TITLE XVI. CRIMINAL AND PROCEDURE
SUBTITLE 3. CRIMINAL CORRECTIONS
CHAPTER 910. RESTITUTION

Iowa Code 910.15 (1999)

910.15 Distribution of moneys received as a result of the commission of crime

1. Definitions. As used in this section, unless the context otherwise requires:

   d. "Fruits of the crime" means any profit which, were it not for the commission of the felony, would not have been realized.

   e. "Proceeds" means all of the fruits of the crime from whatever source received by or owing to a felon or the felon's representatives, whether earned, accrued, or paid before or after the conviction. It includes any interest, earnings, or accretions upon proceeds, and any property received in exchange for proceeds.

2. Due process hearing -- action by attorney general.

   a. The attorney general may bring an action to require all proceeds received by a convicted felon or representative of the convicted felon to be deposited in an escrow account as provided in this section.

   d. The court shall order that all proceeds be deposited in the escrow account until an order of disposition is made by the court pursuant to subsection 3, 4, or 5 or until the expiration of the escrow account as specified in subsection 8, if the attorney general proves both of the following:

(1) The proceeds are fruits of the crime for which the convicted felon was convicted.

   9. Purpose. The purpose of this section is to meet the following compelling state interests:

   a. The state has an interest in ensuring that victims of crime are compensated by those who harm them.

   b. The state has an interest in ensuring that criminals do not profit from their felonious crimes at the expense of their victims. Back to top

Kansas

Citation: KAN. STAT. ANN. 74-7319 (1999)
History: Enacted in 1986.

CHAPTER 74. STATE BOARDS, COMMISSIONS AND AUTHORITIES
ARTICLE 73. CRIME VICTIMS COMPENSATION BOARD
GENERAL PROVISIONS

K.S.A. 74-7319 (1999)

74-7319. Moneys payable to accused or convicted person for use of crime in publications, broadcast presentations or live entertainments, disposition; victims, notice of receipt of funds, application for award and payment to.

   (a) Any individual, partnership, corporation or association which contracts with any person accused or convicted of the commission of a crime in this state, or with a representative or assignee of such a person, to use the crime committed or alleged to have been committed by such person or the expression of such person's thoughts, feelings, opinions or emotions regarding the crime in any book, magazine or other publication or in any movie, radio, television presentation or live entertainment shall pay to the crime victims compensation board all moneys which would otherwise by the terms of the contract be owed to the person who committed or is alleged to have committed the crime, or such person's representatives or assignees, provided, such book, magazine or other publication, movie, radio or television presentation or live entertainment of any kind deals principally with the crime for which the person is accused and convicted. If any person is accused and convicted of the commission of two or more crimes, the crimes shall, for purposes of determining whether such publication, presentation or entertainment deals principally with the crime for which the person is accused and convicted, be combined and considered as one crime. Back to top

Kentucky

Citation: KY. REV. STAT. ANN. 346.165 (2000)
History: Enacted in 1978.

TITLE XXVII. LABOR AND HUMAN RIGHTS

CHAPTER 346. COMPENSATION OF CRIME VICTIMS

KRS 346.165 (2000)

346.165. Contracts regarding crime -- Money to be paid to board -- Disposition

   (1) Every person contracting with any person or the representative or assignee of any person accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of such person's thoughts, feelings, opinions, or emotions regarding such crime, shall pay over to the board any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his representatives.
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Louisiana

Citation: LA. REV. STAT. 46:1831 to 1839 (2000) (repealed 1987).
History: Enacted in 1982 and repealed in 1987.

LOUISIANA REVISED STATUTES
TITLE 46. PUBLIC WELFARE AND ASSISTANCE
CHAPTER 21-A. CRIMINAL VICTIM'S ESCROW ACCOUNT [REPEALED]

La. R.S. 46:1831 (2000)

1831 to 1839. Repealed by Acts 1997, No. 888, 1 Back to top

Maine

Citation: ME. REV. STAT. tit. 14, 752-E (2000)
History: Enacted in 1997.

TITLE 14. COURT PROCEDURE--CIVIL
PART 2. PROCEEDINGS BEFORE TRIAL
CHAPTER 205. LIMITATION OF ACTIONS
SUBCHAPTER I. GENERAL PROVISIONS

14 M.R.S. 752-E (2000)

752-E. Crime victims; profits from crime

   2. NOTICE TO VICTIMS. A person or organization that knowingly pays or agrees to pay any profits from a criminal offense in which, as that offense is defined, there is a victim to a person charged with or convicted of that crime shall make reasonable efforts to notify every victim, as defined in Title 17-A, section 1171, subsection 2, of the payment or agreement to pay as soon as practicable after discovering that the payment or intended payment constitutes profits from the crime. Reasonable efforts must include, but are not limited to, seeking information about victims from court records and the prosecuting attorney and mailing notice by certified mail to victims whose address is known and publishing, at least once every 6 months for 3 years, in newspapers of general circulation in the area where the crime occurred a legal notice to unknown victims or victims whose address is unknown.

   3. DEFINITION. As used in this section, "profits from the crime" means any property obtained through or income generated from the commission of a crime; any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such a sale, conversion or exchange; and any property that the offender obtained by committing the crime or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of the property and any gain realized by such a sale, conversion or exchange. Back to top

Maryland

Citation: MD. ANN. CODE art. 27, 854 (Mathew Bender 2000)
History: Enacted in 1987.

ARTICLE 27. CRIMES AND PUNISHMENTS
VI CRIME VICTIMS AND WITNESSES
MISCELLANEOUS PROVISIONS

Md. Ann. Code art. 27, 854 (1999)

854. Contract with defendant for reenactment of crime

   (5) "Notoriety of crimes contract" means a contract or other agreement with a defendant, or a representative or assignee of a defendant, with respect to:

      (i) The reenactment of a crime by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, or live entertainment of any kind;

      (ii) The expression of the defendant's thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or

      (iii) The payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from a crime, a sentence, or the notoriety of a crime or sentence.

(b) Notoriety of crimes contract with defendant. -- A person who enters a notoriety of crimes contract with a defendant, or a representative or assignee of that defendant, shall:

   (1) Submit a copy of the contract or summary of the terms of an oral agreement to the Attorney General; and

   (2) Pay over to the Attorney General any moneys or other consideration not subject to an order of restitution under 807 of this article which by the terms of the contract would otherwise be owing to the defendant, or a representative or assignee of the defendant. Back to top

Massachusetts

Citation: MASS. GEN. LAWS. ANN. ch. 258A, 8 (2000) (repealed 1993).
History: Enacted in 1977 and repealed in 1993.

PART III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
TITLE IV. CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES
CHAPTER 258A. COMPENSATION OF VICTIMS OF VIOLENT CRIMES [REPEALED,
EFFECTIVE JAN 1, 1995]

Mass. Ann. Laws ch. 258A,

8 (2000) 8. [1977, 948; 1990, 177, 366] Repealed by 1993, 478, 3, approved Jan 14, 1994, by 9, effective Jan 1, 1995 (see repealing act note at ALM GL c 258A 1.) Back to top

Michigan

Citation: MICH. COMP. LAWS 780.768 (Lexis 2000)
History: Enacted in 1985.

TITLE 28 CRIMES
PART THREE. CRIMINAL PROCEDURE
CHAPTER 287. CODE OF CRIMINAL PROCEDURE
CRIME VICTIM'S RIGHTS ACT
ARTICLE 1.

MCL 780.768 (2000)

MSA 28.1287(768)

28.1287(768). Sale of recollections, thoughts, and feelings of convicted person; proceeds to be held in escrow; disposition of proceeds.

Sec. 18. (1) A person convicted of a crime shall not derive any profit from the sale of his or her recollections, thoughts, and feelings with regard to the offense committed by that person until the victim receives any restitution or compensation ordered for him or her against the defendant and expenses of incarceration are recovered as provided in subsection (3) and until the escrow account created under subsection (2) is terminated under subsection (4).

(2) Upon the conviction of a defendant for a crime involving a victim, and after notice to any interested party, an attorney for the county in which the conviction occurred or the attorney general may petition the court in which the conviction occurred to order that defendant forfeit all or any part of proceeds received or to be received by the defendant, or the defendant's representatives or assignees, from contracts relating to the depiction of the crime or the defendant's recollections, thoughts, or feelings about the crime, in books, magazines, media entertainment, or live entertainment, as provided in this section. The proceeds shall be held in escrow for a period of not more than 5 years. Back to top

Minnesota

Citation: 2000 MINN. LAWS 611A.68
History: Enacted in 1986.

CHAPTER 611A CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES
CRIME VICTIMS REPARATIONS

Minn. Stat. 611A.68 (2000)

611A.68 Limiting commercial exploitation of crimes; payment of victims

    Subdivision 1. Definition. For purposes of this section, the following terms have the meanings given them in this subdivision.

(a) "Contract" means an agreement regarding, in whole or in part, (1) the reenactment of an offender's crime by way of a movie, book, newspaper or magazine article, radio or television presentation, or live or recorded entertainment of any kind, or (2) the expression of the offender's thoughts, feelings, opinions, or emotions about the crime.

Subd. 2a. Notice and payment of proceeds to board required. A person that enters into a contract with an offender convicted in this state, and a person that enters into a contract in this state with an offender convicted in this state or elsewhere within the United States, must comply with this section if the person enters into the contract during the ten years after the offender is convicted of a crime or found not guilty by reason of insanity. If an offender is imprisoned or committed to an institution following the conviction or finding of not guilty by reason of insanity, the ten-year period begins on the date of the offender's release. A person subject to this section must notify the crime victims reparations board of the existence of the contract immediately upon its formation, and pay over to the board money owed to the offender or the offender's representatives by virtue of the contract according to the following proportions:

   (a) if the crime occurred in this state, the person shall pay to the board 100 percent of the money owed under the contract;

   (b) if the crime occurred in another jurisdiction having a law applicable to the contract which is substantially similar to this section, this section does not apply, and the person must not pay to the board any of the money owed under the contract; and

   (c) in all other cases, the person shall pay to the board that percentage of money owed under the contract which can fairly be attributed to commerce in this state with respect to the subject matter of the contract. Back to top

Mississippi

Citation: MISS. CODE ANN. 99-38-5 (2000)
History: Enacted in 1987.

TITLE 99. CRIMINAL PROCEDURE
CHAPTER 38. CRIME VICTIM'S ESCROW ACCOUNT ACT

Miss. Code Ann. 99-38-5 (2000)

99-38-5. Obligation to submit contract with respect to reenactment of crime or expression of defendant's thoughts regarding crime, and to pay over funds due under contract, to Treasurer

   Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the legal representative, assignee, beneficiary or heirs at law of any person accused or convicted of a crime in this state, with respect to the reenactment of such crime by way of a movie, book, magazine article, tape recording, phonograph record, photograph, reproduction, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinions or emotions regarding such crime, shall submit a copy of such contract to the Treasurer and pay over to the Treasurer any monies which would otherwise, by the terms of such contract, be owing to the person so accused or convicted or his legal representative, assignee, beneficiary or heirs at law. Back to top

Missouri Citation: MO. ANN. STAT. 595.045(14) (repealed 1993).
History: Enacted in 1991 and repealed in 1993. Back to top
Montana

Citation: MONT. CODE ANN. 53-9-104 (2000)
History: Enacted in 1977.

TITLE 53 SOCIAL SERVICES AND INSTITUTIONS
CHAPTER 9 SERVICES FOR VICTIMS OF CRIME
PART 1 THE CRIME VICTIMS COMPENSATION ACT OF MONTANA

Mont. Code Anno., 53-9-104 (2000)

53-9-104 Powers and duties of division.

    (1) The division shall:

  (d) require any person contracting directly or indirectly with an individual formally charged with or convicted of a qualifying crime for any rendition, interview, statement, book, photograph, movie, television production, play, or article relating to such crime to deposit any proceeds paid or owed to the individual under the terms of the contract into an escrow fund for the benefit of any victims of the qualifying crime and any dependents of a deceased victim, if the individual is convicted of the crime, to be held for such period of time as the division may determine is reasonably necessary to perfect the claims of the victims or dependents. Deposited proceeds may also be used to pay the costs and attorney fees of court-appointed counsel for the charged person. Each victim and dependent of a deceased victim is entitled to his actual and unreimbursed damages of all kinds or $ 5,000, whichever is greater. Proceeds remaining after payments to victims, dependents of deceased victims, and the county as reimbursement for any public defender or any attorney appointed for the charged person must be deposited in the account established in 53-9-109. Back to top

Nebraska

Citation: Neb. Rev. Stat. Ann. 81-1836 (Mathew Bender 2000)
History: Enacted in 1978.

CHAPTER 81. STATE ADMINISTRATIVE DEPARTMENTS
ARTICLE 18. CRIME VICTIMS AND WITNESSES
(a) CRIME VICTIM'S REPARATIONS

R.R.S. Neb. 81-1836 (2000)

81-1836. Person convicted of crime; payments received; deposited in fund

   Every person, firm, corporation, partnership, limited liability company, association, or other legal entity contracting with any person or the representative or assignee of any person accused of a crime in this state with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio, or television presentation, live entertainment of any kind, or from the expression of such person's thoughts, feelings, opinions, or emotions regarding such crime, shall pay over to the committee any money which would otherwise, by terms of such contract, be owing to the person so convicted or his or her representatives. The committee shall deposit such money in the Victim's Compensation Fund. Back to top

Nevada

Citation: 2000 Nev. Rev. Stat. Ann. 217.265 (Mathew Bender 2000) (repealed 1993).
History: Enacted in 1981 and repealed in 1993.

TITLE 16. CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
CHAPTER 217. AID TO CERTAIN VICTIMS OF CRIME
COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS

Nev. Rev. Stat. Ann. 217.265 (2000)

217.265 Forfeiture of money and property gained by offender based on his notoriety

Repealed by Acts 1993, ch. 212, 6, p. 456, effective June 10, 1993. Back to top

New Hampshire New Hampshire never enacted a Son of Sam statute. Back to top
New Jersey

Citation: N.J. STAT. 52:4B-28 (Mathew Bender 2000)
History: Enacted in 1983.

TITLE 52. STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
SUBTITLE 1. GENERAL PROVISIONS
CHAPTER 4B. CRIME VICTIM COMPENSATION

N.J. Stat. 52:4B-28 (2000)

52:4B-28. Proceeds from contract regarding reenactment with person accused or convicted of crime; deposit in escrow account; civil action for damages

   Every person, firm, corporation, partnership, association or other legal entity contracting with a person convicted or accused of a crime in this State or an agent, assignee, beneficiary, conservator, executor, guardian, representative, relative, friend, associate or conspirator of a person convicted or accused of a crime in this State, with respect to the reenactment of the crime, by way of a movie, book, magazine article, other literary expression, recording, radio or television presentation, live entertainment or presentation of any kind, or from the expression of the person's thoughts, feelings, opinions or emotions regarding the crime, shall submit a copy of the contract to the board and shall pay over to the board all moneys which would otherwise, by terms of the contract, be owing the person convicted or accused of a crime in this State or an agent, assignee, beneficiary, conservator, executor, guardian, representative, relative, friend, associate or conspirator of a person convicted or accused of a crime in this State. The board shall deposit these moneys in an interest bearing escrow account for the benefit of and payable to any victim of the convicted or accused person or the victim's representative, provided that the person is eventually convicted of the crime and that the victim or victim's representative brings, within five years of the date of the establishment of the escrow account, a civil action for damages resulting from the crime, or has already obtained a judgment for damages resulting from the crime, in a court of competent jurisdiction and files notice of such action with the board and recovers a money judgment for damages resulting from the crime against the person or an agent, assignee, beneficiary, conservator, executor, guardian, representative, relative, friend, associate or conspirator of a person convicted or accused of a crime in this State. Back to top

New Mexico

Citation: N.M. STAT. ANN. 31-22-22 (Mathew Bender 2000)
History: Enacted in 1983.

CHAPTER 31. CRIMINAL PROCEDURE
ARTICLE 22. CRIME VICTIMS REPARATIONS

N.M. Stat. Ann. 31-22-22 (2000)

31-22-22. Distribution of money received as result of crime; escrow account. (Repealed effective July 1, 2006.)

   A. Every firm, person, corporation, association or other legal entity contracting with a person or the representative or assignee of any person charged or convicted of a violent crime in this state, with respect to the reenactment of the crime in a movie, book, magazine article, tape recording, phonograph record, radio or television presentation or live entertainment or with respect to the expression of the accused or convicted person's thoughts, feelings, opinions or emotions regarding the crime shall submit a copy of the contract to the crime victims reparation commission and pay to the commission any money that would otherwise by terms of such contract be owing to the accused or convicted person or his representatives. The commission shall deposit the money in an escrow account. Back to top

New York

Citation: N.Y. EXEC. LAW 632-a (Lexis 2001)
History: Enacted in 1977, repealed in 1992, replaced 1992.

EXECUTIVE LAW
ARTICLE 22. CRIME VICTIMS BOARD

NY CLS Exec 632-a (2000)

632-a. Crime victims

   1. Definitions:

(b) "Profits from the crime" means (i) any property obtained through or income generated from the commission of a crime of which the defendant was convicted; (ii) any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such sale, conversion or exchange; and (iii) any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

2. (a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays, or agrees to pay, any profit from a crime, as defined in subdivision one of this section, to a person charged with or convicted of that crime shall give written notice to the crime victims board of the payment, or obligation to pay as soon as practicable after discovering that the payment or intended payment is a profit from a crime. Back to top

North Carolina North Carolina never enacted a Son of Sam statute. Back to top
North Dakota

Citation: N.D. CENT. CODE 32-07.1-01 (Mathew Bender 2000)
History: Enacted in 1993.

TITLE 32. JUDICIAL REMEDIES
CHAPTER 32-07.1. CRIME PROFITS RECOVERY

N.D. Cent. Code, 32-07.1-01 (2000)

32-07.1-01. Profits from the crime of a felon -- Definitions -- Action to recover profits from the crime -- Violations -- Remedies cumulative -- Limitations of actions

   1. As used in this section:

   e. "Profits from the crime" means:

      (1) Any property obtained through or income substantially related to the commission of a crime of which the defendant was convicted;

       (2) Any property obtained by or income substantially related to the sale, conversion, or exchange of proceeds of a crime, including any gain realized by the sale, conversion, or exchange; and

      (3) Any property that the convicted felon obtained or income substantially related to the commission of the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income substantially related to the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.

   2. All profits from the crime belonging to the convicted felon are subject to a constructive trust for the benefit of the beneficiaries set forth in this section.
Back to top

Ohio

Citation: OHIO REV CODE ANN. 2969.02 (Anderson 2000)
History: Enacted in 1984.

TITLE XXIX [29] CRIMES -- PROCEDURE
CHAPTER 2969: RECOVERY OF OFFENDER'S PROFITS FUND; CRIME VICTIMS
RECOVERY FUND

2969.02 Payment of proceeds of contract with offender or allied person into recovery of offender's profits fund. [On or After 7-1-96]

   (A) Except as provided in section 2969.05 of the Revised Code, a person that enters into a contract with an offender, an agent, assignee, conspirator, or accomplice of an offender, a member of the family of an offender, or an agent or assignee of a member of the family of an offender shall pay the money, and the monetary value of the property other than money, due under the contract to the clerk of the court of claims for deposit in the recovery of offender's profits fund, if the terms of the contract provide for any of the following:

(1) The reenactment or description by the offender or by a member of the family of the offender in any of the following of an offense that the offender committed:

   (a) A movie, book, magazine, newspaper, article, or other form of literary expression;

   (b) A program on television, radio, or another broadcasting medium;

    (c) A play, speech, or another form of live entertainment, instruction, or presentation.

(2) The expression or description of the thoughts, feelings, opinions, or emotions of the offender or of a member of the family of the offender regarding or experienced during the offense in a material, performance, or program described in division (A)(1)(a), (b), or (c) of this section;

(3) The life story or a part of the life story of the offender or of a member of the family of the offender or an interview or a part of an interview with the offender, an agent, assignee, conspirator, or accomplice of the offender, a member of the family of the offender, or an agent or assignee of a member of the family of an offender that is to be used in a material, performance, or program described in division (A)(1)(a), (b), or (c) of this section, if the publication value of the story or interview results in part from the notoriety brought by the commission of an offense.

(B) An offender, an agent, assignee, conspirator, or accomplice of an offender, a member of the family of an offender, or an agent or assignee of a member of the family of an offender who enters into a contract described in division (A) of this section or a person who receives money or property other than money pursuant to a contract of that nature shall pay the money or the monetary value of the property received pursuant to the contract to the clerk of the court of claims for deposit in the recovery of offender's profits fund. If a person receives money or property pursuant to a contract described in division (A) of this section and fails to pay it or its monetary value to the clerk of the court of claims for deposit in the fund as required by this division, the state has a lien upon the money or property and upon property that is purchased or otherwise obtained with the money or property. The attorney general shall enforce the lien in the same manner as a judgment lien may be enforced by a private individual. Back to top

Oklahoma

Citation: OKLA. STAT. Tit. 22, 17 (2000)
History: Enacted in 1981.

TITLE 22. CRIMINAL PROCEDURE
CHAPTER 1. GENERAL PROVISIONS

22 Okl. St. 17 (1999)

17. Custody and distribution of proceeds from sale of rights arising from criminal act

   A. Every person who has been charged, convicted, has pled guilty or has pled nolo contendere to any crime, hereinafter referred to as the defendant, or any other person with the cooperation of the defendant, who contracts to receive, or have any other person or entity receive, any proceeds or profits from any source, as a direct or indirect result of the crime or sentence, or the notoriety which the crime or sentence has conferred upon the defendant, shall forfeit the proceeds or profits as provided in this section; provided, however, proceeds or profits from a contract relating to the depiction or discussion of the defendant's crime shall not be subject to forfeiture unless an integral part of the work is a depiction or discussion of the defendant's crime or an impression of the defendant's thoughts, opinions, or emotions regarding the crime. All parties to a contract described in this section are required to pay to the district court wherein the criminal charges were filed any proceeds or thing of value which pursuant to the contract is to be paid to the defendant or to another person or entity. Back to top

Oregon

Citation: OR REV. STAT. 8312 147.275 (1999)
History: Enacted in 1985.

TITLE 14. PROCEDURE IN CRIMINAL MATTERS GENERALLY
CHAPTER 147. CRIME VICTIMS
COMPENSATION OF CRIME VICTIMS
ADMINISTRATIVE PROVISIONS

ORS 147.275 (1999)

147.275. Proceeds of compensable crime; escrow account for benefit of victims; notice; distribution; hearing; rules; definitions.

   (1)(a) Before any person or other legal entity pays or delivers the proceeds of a compensable crime to any individual charged with or convicted of committing such a crime in this state or found guilty except for insanity with regard to such a crime, or to a representative or assignee of that individual, the person or legal entity shall promptly notify the Department of Justice and pay or deliver to the department the proceeds that would otherwise be paid to the individual charged, convicted or found guilty except for insanity, or the representative or assignee of the individual. Back to top

Pennsylvania

Citation: 42 PA. CONS. STAT. 8312 (2000)
History: Enacted in 1995 to replace the original statute (enacted in 1982) which was repealed in 1995.

PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 42. JUDICIARY AND JUDICIAL PROCEDURE
PART VII. CIVIL ACTIONS AND PROCEEDINGS
CHAPTER 83. PARTICULAR RIGHTS AND IMMUNITIES
SUBCHAPTER A. RIGHTS OF ACTION

42 Pa.C.S. 8312 (2000)

[Pa.C.S.] 8312. Profits received as a result of commission of crime

   (A) GENERAL RULE.-- If a person has been convicted of a crime, every person who knowingly contracts for, pays or agrees to pay any profit from a crime to that person shall give written notice to the board of the payment or obligation to pay as soon as practicable after discovering that the payment or intended payment is a profit from a crime. The board, upon receipt of notice of a contract, an agreement to pay or payment of profits from a crime, shall notify all known eligible persons at their last known address of the existence of the profits.

   (H) DEFINITIONS.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

   "PROFIT FROM A CRIME." Includes any of the following:

   (1) Any property obtained through or income generated from the commission of a crime of which the defendant was convicted.

    (2) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime of which the defendant was convicted, including any gain realized by such sale, conversion or exchange.

    (3) Any property which the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of or in preparation for the commission of the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.
Back to top

Rhode Island

Citation: R.I. GEN. LAWS 12-25.1-3 (2001)
History: Enacted in 1983. The Supreme Court of Rhode Island found The Criminal Royalties Act unconstitutional because of First Amendment concerns in its entirety (despite a severability clause). (Bouchard v. Price, 694 A.2d 670 (S.Ct. R.I. 1997).

TITLE 12. CRIMINAL PROCEDURE
CHAPTER 25.1. CRIMINAL ROYALTIES .
R.I. Gen. Laws 12-25.1-3 (2001)

12-25.1-3. Confiscation of criminal royalties -- Criminal royalties fund -- Priority of claims against criminal royalties fund

   (a) Every person, firm, corporation, partnership, association, or other legal entity contracting with a criminally responsible person or alleged criminally responsible person or with the legal representative or assignee of the person regarding the commercial exploitation of the events and circumstances constituting and/or surrounding and/or motivating the crime or alleged crime shall submit a copy of the contract, within ten (10) days of its making, to the general treasurer and shall pay to the general treasurer, within ten (10) days of it becoming due and payable, any and all monies or other compensation which would otherwise by the terms of that contract be due and payable to or distributed at the direction of that person. All rights, causes of action, or other entitlements accruing to any criminally responsible person or alleged criminally responsible person or the legal representative or assignee of the person for the commercial exploitation shall inure to and be enforceable by the general treasurer for the benefit of the criminal royalties fund established by this chapter. Back to top

South Carolina

Citation: S.C. CODE ANN. 15-59-40 (2000) (repealed 2000).
History: Enacted in 1980 and repealed in 2000.

TITLE 15. CIVIL REMEDIES AND PROCEDURES
CHAPTER 59. MONEYS PAID INTO COURT

S.C. Code Ann. 15-59-40 (2000)

15-59-40 to 15-59-80. Repealed by 2000 Act No. 306, 3, eff May 26, 2000.
Back to top

South Dakota

Citation: S.D. CODIFIED LAWS 23A-28A-1 (2000)
History: Enacted in 1982.

TITLE 23A. CRIMINAL PROCEDURE
CHAPTER 23A-28A. PROFITS FROM CRIME -- RESTITUTION
S.D. Codified Laws 23A-28A-1 (2000)

23A-28A-1. Contracts with accused or convicted persons for publications regarding crime -- Attorney general to receive copy of contract and moneys owed

   Every person, firm, corporation, limited liability company, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of any movie, book, magazine article, tape recording, phonograph record, radio, or television presentation, live entertainment of any kind, or from the expression by the accused or convicted person's thoughts, feelings, opinion or motions regarding such crime, shall submit a copy of such contract to the attorney general and pay over to the attorney general any moneys or other personal property which would otherwise, by terms of such contract, be owing to the person so accused or convicted, the person's representatives or assignees. Back to top

Tennessee

Citation: TENN. CODE ANN. 29-13-403 (2000)
History: Enacted in 1994 to replace TENN. CODE ANN. 29-13-201 to -208 (originally enacted in 1974) which was repealed in 1994.

TITLE 29. REMEDIES AND SPECIAL PROCEEDINGS
CHAPTER 13. CRIMINAL INJURIES COMPENSATION
PART 4. VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME
Tenn. Code Ann. 29-13-403 (2000)

29-13-403. Defendant's income -- Collection -- Deposit

   (a) (1) The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime. Back to top

Texas

Citation: TEX. REV. CIV. STAT. art. 8309-1 (2000) (repealed 1993).
History: Enacted in 1979 and repealed in 1993.

CIVIL STATUTES
TITLE 130--WORKERS' COMPENSATION AND CRIME VICTIMS COMPENSATION PART 5

Tex. Rev. Civ. Stat. art. 8309-1 (2000)

Art. 8309-1. Repealed by Acts 1993, 73rd Leg., ch. 268, 46(1), eff. Sept. 1, 1993
Back to top

Utah

Citation: UTAH CODE ANN. art. 77-18-8.3 (2000)
History: Enacted in 1996 to replace 78-11-12.5 (enacted 1991 and repealed in 1996).

TITLE 77. UTAH CODE OF CRIMINAL PROCEDURE
CHAPTER 18. THE JUDGMENT

Utah Code Ann. 77-18-8.3 (2000)

77-18-8.3. Special condition of sentence during incarceration -- Penalty

   (1) At the time of sentence, the court may order the defendant to be prohibited from directly or indirectly engaging in any profit or benefit generating activity relating to the publication of facts or circumstances pertaining to the defendant's involvement in the criminal act for which the defendant is convicted.

   (2) The court's order may prohibit the defendant from contracting with any person, firm, corporation, partnership, association, or other legal entity with respect to the commission and reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape recording, phonograph record, radio, or television presentations, live entertainment of any kind, or from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the criminal conduct.

   (3) The court may order that the prohibition includes any event undertaken and experienced by the defendant while avoiding apprehension from the authorities or while facing criminal charges. Back to top

Vermont Vermont never enacted a Son of Sam statute. Back to top
Virginia

Citation: VA. CODE ANN. 19.2-368.20(Mathew Bender 2000)
History: Enacted in 1990.

TITLE 19.2. CRIMINAL PROCEDURE
CHAPTER 21.2. PROFITS FROM CRIME

19.2-368.20. Order of special forfeiture

   Any proceeds or profits received or to be received directly or indirectly by a defendant or a transferee of that defendant from any source, as a direct or indirect result of his crime or sentence, or the notoriety which such crime or sentence has conferred upon him, shall be subject to forfeiture pursuant to Chapter 22 ( 19.2-369 et seq.) of this title.

   Income from the defendant's employment in a position unrelated to his crime or the notoriety which such crime has conferred upon him but obtained through the assistance of or rehabilitative training by correctional or mental health programs or personnel shall not be subject to forfeiture under this section, and nothing in this section shall be construed to prohibit or hinder the return of property belonging to victims of crime to its rightful owners. Any proceeds from a contract relating to a depiction or discussion of the defendant's crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment or publication of any kind shall not be subject to forfeiture unless an integral part of the work is a depiction or discussion of the defendant's crime or an impression of the defendant's thoughts, opinions, or emotions regarding such crime.
Back to top

Washington

Citation: ANN. WASH. REV. CODE 7.68.200 (Mathew Bender 2000)
History: Enacted in 1979.

TITLE 7. SPECIAL PROCEEDINGS AND ACTIONS
CHAPTER 7.68. VICTIMS OF CRIMES -- COMPENSATION, ASSISTANCE

Rev. Code Wash. (ARCW) 7.68.200 (2000)

7.68.200. Payment for reenactments of crimes -- Contracts -- Deposits -- Damages

   After hearing, as provided in RCW 7.68.210, every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinion or emotions regarding such crime, shall submit a copy of such contract to the department and pay over to the department any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his representatives. The department shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (i) such convicted person; or (ii) such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his representatives. Back to top

West Virginia

Citation: W. VA. CODE ANN. 14-2B-2 to -4 (Mathew Bender 2000)
History: Enacted in 1995.

CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE
ARTICLE 2B. DISTRIBUTION OF CRIME PROFITS

14-2B-2. Legislative findings; purpose and intent

   The Legislature finds and declares that it is a violation of the public policy of this state to permit a person who commits a crime to thereafter gain a monetary profit from the commission of that crime. Consequently, the Legislature finds that when a person convicted of a crime later profits as a result of the commission of that crime, such profits should be used to compensate those crime victims who were damaged as a result of the commission of the crime, as well as the taxpayers who paid for the prosecution or incarceration of the defendant, or both.

W. Va. Code 14-2B-3 (2000)

14-2B-3. Definitions

As used in this article:

   (b) "Crime profits" means:

   (3) Any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

    (h) "Contract" means any agreement, whether reduced to writing or not, in which any person, firm, corporation, partnership, association or other legal entity contracts for, pays or agrees to pay, any crime profits to a defendant or to a defendant's personal representative.

W. Va. Code 14-2B-4 (2000)

14-2B-4. Notice of contract with defendant; payment over of crime profits to prosecutor; placing of crime profits into escrow account

    (a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays or agrees to pay, any crime profits, as defined in section three [ 14-2B-3] of this article, to a defendant shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article.

   (b) Every defendant who contracts for, receives or agrees to receive, any crime profits, as defined in section three of this article, from any person, firm, corporation, partnership, association or other legal entity, shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article. Back to top

Wisconsin

Citation: WIS. STAT. 949.165 (1999)
History: Enacted in 1983.

CRIMINAL CODE

CHAPTER 949. AWARDS FOR THE VICTIMS OF

Wis. Stat. 949.165 (1999)

949.165. Escrow accounts; moneys received as a result of the commission of a serious crime.

   (2) PAYMENT TO AND ESTABLISHMENT OF ESCROW ACCOUNTS. Every person or other legal entity contracting with any person, or the representative or assignee of any person, accused or convicted of a serious crime in this state, with respect to the reenactment of the serious crime, by a movie, book, magazine article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind, or from the expression of the accused or convicted persons thoughts, feelings, opinions or emotions regarding the serious crime, shall submit a copy of the contract to the department and pay over to the department any moneys which would otherwise, by terms of the contract, be owing to the person so accused or convicted or his or her representatives. This subsection applies only if the reenactment of the serious crime constitutes a substantial portion of the movie, book, article, recording, record, presentation, entertainment or expression. The department shall deposit the moneys in an interest-bearing escrow account for the payment of money judgments to any victim or the legal representative of any victim of serious crimes committed by:

   (a) The convicted person; or

   (b) The accused person, but only if the accused person is eventually convicted of the serious crime charged. Back to top

Wyoming

Citation: WYO. STAT. ANN. 1-40-301 to -303 (2000)
History: Enacted in 1997.

TITLE 1. CODE OF CIVIL PROCEDURE
CHAPTER 40. CRIME VICTIMS COMPENSATION
ARTICLE 3. COMPENSATION FROM BENEFITS OF Wyo. Stat. 1-40-301 (2000)

1-40-301. Compensation from benefits of crime

The legislature finds that the state has a compelling interest in preventing any person who is convicted of a criminal act from profiting from the criminal act and in recompensing victims of the criminal act. It is therefore the intent of the legislature to provide a mechanism whereby any profits from a criminal act that are received by the person convicted of the criminal act are available as restitution to the victims of the criminal act.

Wyo. Stat. 1-40-302 (2000)

1-40-302. Definitions

   (a) As used in this article:

   (iv) "Profits from the crime" means:

   (B) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of the criminal act of which the defendant was convicted, including any gain realized by the sale, conversion or exchange; and

   (C) Any property that the defendant obtained or income generated as a result of having committed the criminal act of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the criminal act, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

Wyo. Stat. 1-40-303 (2000)

1-40-303. Distribution of profits from crime

   (a) Any person who contracts with a defendant convicted of a criminal act in this state, or the defendant's representative or assignee, for payment of any profits from the criminal act of which the defendant is convicted shall pay to the division any money that would otherwise by terms of the contract be paid to the defendant or the defendant's representatives or assignees. The division shall deposit the money in an escrow account for the benefit of any victim of the criminal act of which the defendant was convicted. Back to top