Mass. Gen. Laws ch. 271, sec. 51 — MA Code / Part IV / Title I / Chapter 271 / Section 51
Photos taken outside of first responder's official duties; penalties
Status: in_force

Section 51. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:- ''First responder'', a law enforcement officer, a paid, call, reserve or volunteer firefighter, a paid, call, reserve or volunteer emergency medical technician or any other person whose usual and regular duties include rendering assistance at the scene of a crime, accident or other emergency. ''Immediate family member'', a spouse, child, step-child, adopted child, sibling, step sibling, adopted sibling, parent, step-parent, legal guardian, adoptive parent, grandparent or grandchild. (b) No first responder who responds to or is otherwise present at the scene of a crime, accident or other emergency in the performance of the first responder's official duties shall take a photographic or digital image of a victim of a crime, accident or emergency unless the first responder takes the photographic or digital image: (i) in the performance of the first responder's official duties; or (ii) upon the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim; provided, however, that this subsection shall not apply to the use by a first responder of body-worn cameras or cameras mounted on a first responder's vehicle. (c) No first responder shall, other than in the performance of the first responder's official duties, transmit, disseminate or otherwise make available to a third person a photographic or digital image of a victim of a crime, accident or emergency without the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim; provided, however, that this subsection shall not apply to the use by a first responder of body-worn cameras or cameras mounted on a first responder's vehicle. (d) A first responder who knowingly violates subsection (b) or (c) shall be punished by a fine of not more than $2,000, by imprisonment for not more than 1 year or by both such fine and imprisonment.

Section 51. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:-

''First responder'', a law enforcement officer, a paid, call, reserve or volunteer firefighter, a paid, call, reserve or volunteer emergency medical technician or any other person whose usual and regular duties include rendering assistance at the scene of a crime, accident or other emergency.

''Immediate family member'', a spouse, child, step-child, adopted child, sibling, step sibling, adopted sibling, parent, step-parent, legal guardian, adoptive parent, grandparent or grandchild.

(b) No first responder who responds to or is otherwise present at the scene of a crime, accident or other emergency in the performance of the first responder's official duties shall take a photographic or digital image of a victim of a crime, accident or emergency unless the first responder takes the photographic or digital image: (i) in the performance of the first responder's official duties; or (ii) upon the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim; provided, however, that this subsection shall not apply to the use by a first responder of body-worn cameras or cameras mounted on a first responder's vehicle.

(c) No first responder shall, other than in the performance of the first responder's official duties, transmit, disseminate or otherwise make available to a third person a photographic or digital image of a victim of a crime, accident or emergency without the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim; provided, however, that this subsection shall not apply to the use by a first responder of body-worn cameras or cameras mounted on a first responder's vehicle.

(d) A first responder who knowingly violates subsection (b) or (c) shall be punished by a fine of not more than $2,000, by imprisonment for not more than 1 year or by both such fine and imprisonment.