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Prohibition on Distribution of Crime, Accident Scene Info Passes Senate Committee

In a day and age where nearly every individual has a camera right in their pocket, lawmakers in the Virgin Islands seek protection for the victims of crime and accidents.

Legislation that would criminalize the distribution of photos, videos and other pieces of private information obtained from crime and accident scenes by first responders advanced from the Senate’s Committee on Homeland Security, Justice and Public Safety during a hearing held on October 10th.

“It is bad enough to be a victim of a violent crime point accident to the loved one of someone who has suffered such a tragic fate,” said the bill’s sponsor, Senator Marvin A. Blyden, “but to have bloody and gruesome pictures and images of the crime scene, or accidents seem to be spread all over social media in another thing, particularly when the photos are spread by the people who are responsible for securing and protecting victims and the scene of the crime or accident.”

Bill No. 35-0127 would amend Title 14, chapter 89 of the VI Code to add a section that prohibits any first responder from capturing and publishing photos, videos, recordings from motor vehicle accidents, crime scenes and emergency situations of victims receiving medical care. Violating the law would result in a misdemeanor and fine of up to $1000.

Testifiers included Virgin Islands Police Department Commissioner Ray Martinez, Attorney General Ariel Smith and VIFEMS Assistant Director Antonio Stevens.

Commissioner Martinez testified that the VIPD “cautiously supports” the legislation, but also noted that the measure appeared “light handed.”

“If the intent is to serve as a deterrent for illegally sharing sensitive crime or victim information, then the penalty should not solely be a misdemeanor punishable by a fine,” said Martinez. “Based upon the egregiousness of the act, the ability to charge the action as a felony should be available.”

During his previous introduction of the bill, Sen. Blyden said he was open to the recommendation but expressed reluctance at jailing first responders for committing acts that are legal for civilians. Additionally, Sen. Blyden noted that the bill creates a civil liability for violators beyond the $1000 fine.

The legality of private citizens capturing images, videos and/or recordings of victims of accidents and crime also came under question at multiple points during the hearing. Committee Chairman expressed hope that the Senate would consider legislation to outlaw the act for non-governmental employees, but AG Smith testified that more research would be needed.

In response to a question posed by Senator Diane Capehart about the constitutionality of expanding the law to the general public, AG Smith said “if we go too far, there will be constitutionality challenges.”

AG Smith noted that the government has much more legal latitude when dealing with its own agencies and instrumentalities. As the commissioners of the VIPD and VIFEMS noted, each agency already has its own policies in place.

Absent a restriction on the general populace, Senator Alma Francis Heyliger grappled with the ethical and moral sensitivity for the victims of accidents and crime, as well as their loved ones.

“I often wonder if people have a conscience. I don't know if it's our society at this point that we become so disconnected,” said Sen. Francis Heyliger. “When we come to a scene a lot of times you're seeing more people around videotaping then attempting to help the people that might be in need of help. So that might be something we have to deal with on a social level, but I really think this piece of legislation can help in curtailing that.”


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