‘Son of Sam’ statutes: federal and state summary

Friday, March 23, 2012

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)

45 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 (34):

States that repealed Son of Sam statutes and then replaced them with active statutes (10):

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

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

1 state has never enacted Son of Sam statutes:

4 states that repealed Son of Sam statutes without replacing them:

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.

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

TITLE 41. STATE GOVERNMENT
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.

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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
History: Enacted in 1978. 

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

A.R.S. § 13-4202 (2012)

§ 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, description or depiction of a crime by movie, book, article, radio or television presentation, internet or on-line presentation or depiction, 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.

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California Citation: CAL. CODE CIV. PROC. §340.3
History: Enacted in 2002 to replace original statute, Cal. Civ. Code § 2225 (enacted in 1983), which was repealed in 2002. 

The Supreme Court of California held unconstitutional § 2225(b)(1) under the First Amendment and the liberty of speech clause of the California Constitution. The court said the law, like its New York cousin struck down by the U.S. Supreme Court, reached “beyond a criminal’s profits from the crime or its exploitation to reach all income from the criminal’s speech or expression on any theme or subject, if the crime is included.” Keenan v. Superior Court, 27 Cal.4th 413, 417 (2002).

In an attempt to address the underlying issue and avoid constitutional problems, California passed the “Son of Sam II law,” which permits suits for damages against defendants convicted of certain “serious felonies” (notably murder) to be commenced up to 10 years after conviction.

CODE OF CIVIL PROCEDURE
PART 2. Civil Actions
TITLE 2. Time of Commencing Civil Actions
CHAPTER 3. Time of Commencing Actions Other Than for the Recovery of Real Property

Cal. Code Civ. Proc. §340.3

§ 340.3. Time for commencement of damage action based on commission of felony offense

(a)Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced.

(b)(1) Notwithstanding subdivision (a), an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted may be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2)[mayhem], (3)[rape], (4)[sodomy by force], (5)[oral copulation by force], (6)[lewd or lascivious act on a child under the age of 14 years], (7)[any felony punishable by death or imprisonment in the state prison for life],(9)[attempted murder], (16)[exploding a destructive device with intent to injure], (17)[exploding a destructive device with intent to murder], (20)[kidnapping], (22)[attempt to commit a felony punishable by death or imprisonment in the state prison for life], (25)[§289 violation by force], (34)[commission of rape or sexual penetration in concert with another person], or (35) [continuous sexual abuse of a child] of subdivision (c)of Section 1192.7 of the Penal 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.

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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.

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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.

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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.

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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.

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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 Illinois repealed its original statute in 1992 (see below) but enacted a new statute in 2011 that targeted public officials: 5 ILCS 283 — Public Corruption Profit Forfeiture Act

Citation: 725 ILL. COMP. STAT. ANN. § 145/4 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.

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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.

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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.

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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.

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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

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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.

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Maryland Citation: MD. CRIMINAL PROCEDURE CODE ANN. § 11-622 (2003)
History: Enacted in 2003 to replace original statute, Md. Ann. Code art. 27, § 854 (enacted in 1987), which was repealed in 2001. 

The original law was repealed in 2001 and recodified as Md. Criminal Procedure Code Ann. § 11-622. The only real change was to assert that both written and oral agreements are part of a notoriety of crimes contract.

TITLE 11. VICTIMS AND WITNESSES
SUBTITLE 6. RESTITUTION AND OTHER PAYMENTS
PART II. NOTORIETY OF CRIMES CONTRACTS

Md. Criminal Procedure Code Ann. § 11-622 (2003)

§ 11-622. Submissions to Attorney General

A person who makes a notoriety of crimes contract with a defendant or a representative or assignee of that defendant shall:

(1) submit to the Attorney General a copy of all written terms and a summary of all oral terms of the notoriety of crimes contract; and

(2) pay over to the Attorney General any money or other consideration not subject to an order of restitution under § 11-603 of this subtitle that by the terms of the notoriety of crimes contract otherwise would be owed to the defendant or a representative or assignee of the defendant.

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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.)

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Michigan  

MCLS Section 780.768 (2005)
History: Amended by Public Acts 2005, No. 184, on Oct. 20, 2005; Sect. 1 effective Jan 1, 2006.

CHAPTER 780 CRIMINAL PROCEDURE
WILLIAM REGENMORTER CRIME VICTIM’S RIGHTS ACT
ARTICLE 1.

Section 780.768. Sale of recollections of 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 any of the following until the victim receives any restitution or compensation ordered for him or her against the defendant, expenses of incarceration are paid under subsection (3), and any balance in the escrow account created under subsection (2) is paid under subsection (4):
(a) The person’s recollections of or thoughts or feelings about the offense committed by the person.
(b) Memorabilia related to the offense committed by the person.
(c) The person’s property if its value has been enhanced or increased by the person’s notoriety.

(2) Upon the conviction of a defendant for a crime involving a victim, and after notice to all interested parties, 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 the defendant forfeit all or any part of proceeds received or to be received by the defendant or the defendant’s representatives or assignees from any of the following:
(a) 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.
(b) The sale of memorabilia relating to the crime.
(c) The sale of property of the defendant, the value of which has been enhanced or increased by the defendant’s notoriety arising from the crime.

(3) Proceeds ordered forfeited under subsection (2) shall be held in an escrow account for a period of not more than 5 years.

(4) During the existence of an escrow account created under subsection (3), proceeds in the account shall be distributed in the following priority to satisfy the following:
(a) An order of restitution entered under section 16.
(b) Any civil judgment in favor of the victim against the defendant.
(c) Any reimbursement ordered under the prisoner reimbursement to the county act, 1984 PA 118, MCL 801.81 to 801.93, or the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406.
(d) Fines, costs, and other assessments ordered against the defendant.

(5) A balance remaining in an escrow account created under subsection (3) at the end of the escrow period shall be paid to the crime victim’s rights fund created in section 4 of 1989 PA 196, MCL 780.904.

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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.

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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.

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Missouri Citation: MO. ANN. STAT. § 595.045(14) (repealed 1993).
History: Enacted in 1991 and repealed in 1993. 

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Montana Montana Code Annotated, Section 53-9-104 (2005) 

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

53-9-104 (Temporary) Powers and duties of office.

(1) The office 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 the 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 a period of time that the office 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 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 state for any public defender or any attorney appointed for the charged person must be deposited in the state general fund.

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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.

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Nevada Nev. Rev. Stat. Ann. Sec. 217.007 (2005)
History: 1993, ch. 212, Sec. 1, p. 453. NRS 217.007 replaced NRS 217.265 in 1993. It was an attempt to address the constitutional issues raised by the Simon & Schuster case; as shown below, this statute was also found unconstitutional. 

TITLE 16. Correctional Institutions; Aid To Victims Of Crime.
CHAPTER 217. Aid to Certain Victims of Crime
General Provisions.

Nev. Rev. Stat. Ann. Section 217.007. Right of victim to receive proceeds from material based upon or related to crime; limitation on liability.

1. A victim may commence any action specified in NRS 11.190; , 11.215; or 207.470 which arises from the commission of a felony, against the person who committed the felony within 5 years after the time the person who committed the felony becomes legally entitled to receive proceeds for any contribution to any material that is based upon or substantially related to the felony which was perpetrated against the victim.

2. If the limitation period established in NRS 11.190; , 11.215; or 207.520 has otherwise expired, the liability of the person committing the felony to a victim imposed under this section must be limited to the value of the proceeds received by the person who committed the felony for any contribution to material that is based upon or substantially related to the felony which was perpetrated against the victim.

3. For purposes of this section: (a) “Material” means a book, magazine or newspaper article, movie, film, videotape, sound recording, interview or appearance on a television or radio station and live presentations of any kind.

(b) “Proceeds” includes money, royalties, real property and any other consideration.

(c) “Victim” means any person:

(1) Against whom a crime has been committed;

(2) Who has been injured or killed as a direct result of the commission of a crime; or

(3) Who is the surviving spouse, a parent or a child of such a person.

NOTES:
NOTES TO DECISIONS

Section unconstitutional. This section violates the First Amendment to the United States Constitution because, although the measure addresses compelling state interests, it suffers from overinclusiveness in regulating more speech than necessary to serve the state’s interest; it allows recovery of proceeds from works including expression both related and unrelated to the crime, imposing a disincentive to engage in public discourse and nonexploitative discussion of it. Seres v. Lerner, 102 P.3d 91, (Nev. Sup. Ct., 2004).

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New Hampshire New Hampshire has never enacted a Son of Sam statute. 

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New Jersey N.J. STAT. Sec. 52:4B-61 (2006)
History: Enacted in 1983. N.J. Stat. Sec. 52:4B-28 repealed Oct. 15, 2003; new statute enacted same day. 

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

Section 52:4B-61. Findings and declarations relative to profits related to crime

a. The Legislature finds:

(1) The State of New Jersey has a compelling interest in preventing any person who is convicted of a crime from directly or indirectly profiting from the crime or circumstances surrounding the crime.

(2) To that end, the State has established the Victims of Crime Compensation Board to help compensate victims of crime for their loss.

b. The Legislature declares that it is altogether fitting and proper and within the public interest to provide a mechanism where profits from a crime that are received by a convicted person should be available as restitution to the victim of the crime.

Section 52:4B-62. Definitions relative to profits related to crime

b. “Profits from a crime” means:

(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, including any gain realized by such sale, conversion or exchange; and

(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, a 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.

c. “Funds of a convicted person” means all funds and property received from any source by a person convicted of a crime, or by the representative of such person, including the convicted person’s spouse, children, parents, siblings or such other person whom a court of competent jurisdiction may deem to be the alter ego of the convicted person, giving due regard to the purpose and intent of this act, but excluding child support and earned income, where such person:

(1) is an inmate or prisoner serving a sentence under the custody and control of the Department of Corrections and includes funds received on behalf of an inmate or prisoner and deposited in an inmate or prisoner account to the credit of the inmate or prisoner;

(2) is not an inmate or prisoner, but who is serving a sentence of probation or conditional discharge or is presently subject to a term of post release supervision, but shall include earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional discharge or post release supervision; or

(3) is no longer subject to a sentence of probation, conditional discharge or post release supervision, and where, within the previous three years, the full or maximum term or period terminated or expired or such person was granted a discharge by the State Parole Board pursuant to applicable law, or granted a discharge or termination from probation pursuant to applicable law or granted a discharge or termination under applicable federal or State law, rules or regulations prior to the expiration of such full or maximum term or period; and includes only:

(a) those funds paid to such person as a result of any interest, right, right of action, asset, share, claim, recovery or benefit of any kind that the person obtained, or that accrued in favor of such person, prior to the expiration of such sentence, term or period;

(b) any recovery or award collected in a lawsuit after expiration of such sentence where the right or cause of action accrued prior to the expiration or service of such sentence; and

(c) earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional release or post release supervision.

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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.

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.

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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 (2005)

Section 632-a. Crime victims

1. For the purposes of this section [fig 1]:

(b) “Profits from [fig 1] a 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, [fig 2] a 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, or representative of such person, firm, corporation, partnership, association or entity, which knowingly contracts for, pays, or agrees to pay [fig 1]: (i) any [fig 2] profits from a crime [fig 3] as defined in paragraph (b) of subdivision one of this section, to a person charged with or convicted of that crime, or to the representative of such person as defined in subdivision six of section six hundred twenty-one of this article; or (ii) any funds of a convicted person, as defined in paragraph (c) of subdivision one of this section, where such conviction is for a specified crime and the value, combined value or aggregate value of the payment or payments of such funds exceeds or will exceed ten thousand dollars, shall give written notice to the crime victims board of the payment [fig 4] or obligation to pay as soon as practicable after discovering that the payment [fig 5] or intended payment constitutes profits from a crime or funds of a convicted person.

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North Carolina Citation: N.C. Gen. Stat. § 15B-30
History: Enacted in 2004. 

CHAPTER 15B. VICTIMS COMPENSATION
ARTICLE 2. THE CRIME VICTIMS FINANCIAL RECOVERY ASSISTANCE ACT

N.C. Gen. Stat. § 15B-30 (2012)

§ 15B 30. Declaration of policy and purpose.

The General Assembly of North Carolina hereby declares as a matter of public policy that:

(1) No person who commits a crime should thereafter gain monetary profit as the result of committing the crime.

(2) Victims of crime have a special relationship to any profit from the crime committed against them, including the personal belongings and memorabilia of a convicted felon whose criminal actions and resulting notoriety enhance the value of those belongings and memorabilia.

(3) To the extent profit from crime would not have been realized but for an offender’s commission of illegal acts, an offender does not have an equitable interest in the profit and allowing the offender to retain the profit would result in the offender’s unjust enrichment.

The General Assembly finds that the State has a compelling interest in ensuring that persons convicted of crimes do not profit from those crimes, and that victims of crime are compensated by those who have harmed them.

The General Assembly further finds that crime victims have difficulty satisfying restitution orders or civil judgments entered against their offenders because the victims often lack the expertise and resources to identify or locate assets that an offender may have.

In order to carry out this public policy and to satisfy these compelling interests, the General Assembly has enacted the provisions of this Article providing a mechanism by which crime victims are notified of the existence of an offender’s assets and are authorized to bring an action to recover those assets.

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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.

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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.

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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.

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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.

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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.

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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 in its entirety (despite a severability clause) because of First Amendment concerns. (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.

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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.

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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.

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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.

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Texas Citation: Tex. Code Crim. Proc. art. 59.01 (2005) 

CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE OF 1965
MISCELLANEOUS PROCEEDINGS
CHAPTER 59. FORFEITURE OF CONTRABAND. Art. 59.06. Disposition of Forfeited PropertyHISTORY: Subsec. (i) added by Stats. 1993, 73rd Leg. Sess. Ch. 780 Section 4, effective Sept. 1, 1993. Subsection (i) was “renamed” (k) in 1999.

(k)(1) The attorney for the state shall transfer all forfeited property that is income from, or acquired with the income from, a movie, book, magazine article, tape recording, phonographic record, radio or television presentation, telephone service, electronic media format, including an Internet website, or live entertainment in which a crime is reenacted to the attorney general.

HISTORY: Stats. 2001 77th Leg. Sess. Chs. 124, 929, effective Sept. 1, 2001.

(2) The attorney for the state shall transfer to the attorney general all income from the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime, minus the deduction authorized by this subdivision. The attorney for the state shall determine the fair market value of property that is substantially similar to the property that was sold but that has not been increased in value by notoriety and deduct that amount from the proceeds of the sale. After transferring income to the attorney general, the attorney for the state shall transfer the remainder of the proceeds of the sale to the owner of the property. The attorney for the state, the attorney general, or a person who may be entitled to claim money from the escrow account described by Subdivision (3) in satisfaction of a claim may at any time bring an action to enjoin the waste of income described by this subdivision.

(3) The attorney general shall deposit the money or proceeds from the sale of the property into an escrow account. The money in the account is available to satisfy a judgment against the person who committed the crime in favor of a victim of the crime if the judgment is for damages incurred by the victim caused by the commission of the crime. The attorney general shall transfer the money in the account that has not been ordered paid to a victim in satisfaction of a judgment to the compensation to victims of crime fund on the fifth anniversary of the date the account was established. In this subsection, “victim” has the meaning assigned by Article 56.32.

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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.

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Vermont Vermont enacted a Son of Sam statute in 2009. 

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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.


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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.

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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.

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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.

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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.

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N.C. Gen. Stat. § 15B-30