08D

D. Prohibitions on photographing or identifying juveniles

D. Prohibitions on photographing or identifying juveniles

Overview

California

Courts have the ability to place limitations on press access to juvenile defendants; for example, one court prohibited access unless one of the juvenile’s parents consented to an interview of the juvenile. See People v. Saechao, 27 Media L. Rep. 1831 (Cal. Super. Ct. 1999). 

D. Prohibitions on photographing or identifying juveniles

Overview

Maryland

In Baltimore Sun Co. v. State, 340 Md. 437, 667 A.2d 166, 169 (1995), the Court of Appeals recognized that “while a court can place reasonable restrictions on the media’s use of information obtained in a confidential juvenile proceeding, it cannot limit the media’s publication of information which it legitimately collected from other sources.” Id. at 422-43, 667 A.2d at 169.  In that case, a juvenile court proceeding involving the abuse of an infant, the Court of Appeals found that the lower court could not restrict the publication of a photograph of the juvenile obtained from the local police department. Id. at 443-453, 667 A.2d at 169-74. The appellate court also held unconstitutional the lower court’s order requiring the press to print specific material, including the requirement that the media use specific terms in referring to the juvenile. Id. at 455-59, 667 A.2d 175-77.

D. Prohibitions on photographing or identifying juveniles

Overview

Kansas

Under Kansas Supreme Court Rule 1001(e)(7), a trial judge must prohibit photographing of a juvenile, as well as audio recording, unless the juvenile is being prosecuted as an adult in a criminal proceeding as authorized by K.S.A. 38-2347.   However, even though the rule permits photographing of a juvenile who is tried as an adult, it allows a judge to issue a “directive to the contrary” Kan. Sup. Ct. R. 1001, Media Coverage of Judicial Proceedings, http://www.kscourts.org/rules/Media_Coverage/Rule%201001.pdf.

D. Prohibitions on photographing or identifying juveniles

Overview

South Dakota

Police records of children are confidential. SDCL 26-7A-27. Generally identification information regarding child in juvenile court system may not be released without a court order or prior to adjudication of delinquency. s SDCL 26-7A-28.

D. Prohibitions on photographing or identifying juveniles

Overview

5th Cir.

Nothing found specific to the 5th Circuit.

D. Prohibitions on photographing or identifying juveniles

Overview

Florida

Section 119.071(2)(h)1., Fla. Stat., provides, in part, a comprehensive exemption from disclosure for information which would reveal the identity of the victims of child abuse. The exemption includes the "photograph, name, address, or other fact or information" which would reveal the identity of the victim of such crimes.