7. Victims

There is statutory or case law authority for closure of the following records regarding crime victims:

a. Court file regarding crime victim’s petition hearing that reveals the victim’s address, telephone number, place of employment, and related information. Ala. Code § 15-23-69.

b. Crime Victims Compensation Commission reports and information obtained from law enforcement officers and agencies. Ala. Code § 15-23-5(4).

c. Child abuse reports and records. Ala. Code § 26-14-8(c).

d. Complainant identification on arrest reports. Birmingham News Co. v. Deutcsh, CV 85-504-132 JDC (Cir. Ct. Jefferson Cnty., Ala., Equity Div., Aug. 19, 1986).

Alabama attorney general opinions have approved closure of information gathered about a crime victim who is also a witness to a crime. Op. Att'y Gen. Ala. No. 2000-225, 2000 Ala. AG LEXIS 166 (Aug. 30, 2000); Op. Att'y Gen. Ala. No. 2000-203, 2000 Ala. AG LEXIS 136 (Aug. 8, 2000).

The portion of the records of a court or law enforcement agency that contains the name of the victim of an offense under AS 11.41.300(a)(1)(c) or 11.41.410-11.41.460 must be withheld from public inspection, except with the consent of the court in which the case is or would be prosecuted; and is not a public record under AS 40.25.110 et seq., the Public Records Act. 12.61.140(a).  The offenses covered in these criminal code sections are, in general, sexual assaults, sexual abuse of a minor, incest, online enticement or unlawful exploitation of a minor, indecent exposure, and kidnapping in which the kidnapper restrains the victim with the intent to inflict physical injury upon or sexually assault the restrained person or place the restrained person or a third person in apprehension that any person will be subjected to serious physical injury or sexual assault. In all written court records open to public inspection, the name of the victim of an offense under these specific criminal code sections may not appear. Instead, the victim's initials shall be used. However, a sealed record containing the victim's name shall be kept by the court in order to ensure that a defendant is not charged twice for the same offense. AS 12.61.140(b). The residence and business addresses and telephone numbers of a victim of a crime (or witness to a crime) are confidential. A report, paper, picture, photograph, court file, or other document that relates to a crime and contains the residence or business address or telephone number of a victim or witness, and that is in the custody or possession of a public officer or employee, may not be made available for public inspection unless the residence and business addresses and telephone numbers of all victims and witnesses have been deleted. AS 12.61.110.

A crime victim or immediate family member is entitled to one free copy of the police report and any applicable minute entry and transcript.  A.R.S. § 39-127(A).

The address and telephone number for victims and their immediate families are not subject to disclosure. Ark. Code Ann. § 16-90-1110. The identities of victims of sex crimes are exempt from the FOIA. Ark. Code Ann. § 12-12-913(e)(2).

The name and age of the victim shall be made public, unless the disclosure of particular information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation. However, the name of any victim of certain crimes defined by various provisions of the Penal Code relating to sex offenses may be withheld at the victim’s request, or at the request of the victim’s parent or guardian if the victim is a minor. Cal. Gov’t Code § 7923.615(b)(1). Furthermore, a law enforcement agency is required to advise victims of their right to request that their names not be released. Cal. Penal Code § 293.
Address information of victims must also be disclosed where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a duly licensed investigator, except that the address of a victim of any crime defined by certain enumerated provisions of the Penal Code shall remain confidential. The requester must also declare under penalty of perjury that the address information obtained shall not be used to sell a product or service to any individual or group of individuals. Cal. Gov’t Code § 7923.620(a)(2) & (b).

Address information of arrestees must also be disclosed where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a duly licensed investigator, except that the address of a victim of any crime defined by certain enumerated provisions of the Penal Code shall remain confidential. The requester must also declare under penalty of perjury that the address information obtained shall not be used to sell a product or service to any individual or group of individuals. Cal. Gov’t Code § 7923.620(a)(1) & (b).

Victims' identities, insofar as they are part of police records, are public records subject to inspection. The only exception for adults is the name of victims of sexual assault. Colo. Rev. Stat. § 24-72-304(4).

With respect to child victims, the name and any other information that would identify any child victim of the offenses listed below must be deleted from any criminal justice record prior to the release of such record to any individual or agency other than a criminal justice agency or the named victim or victim' designee, when such record bears the notation "CHILD VICTIM":

1. Internet sexual exploitation
2. Enticement of a child

iii.  Internet luring of a child

1. Soliciting for child prostitution
2. Pandering of a child
3. Procurement of a child

vii.  Keeping a place of child prostitution

viii.  Pimping of a child

1. Inducement of child prostitution
2. Patronizing a prostituted child
3. Human trafficking of a minor for involuntary servitude

xii.  Human trafficking of a minor for sexual servitude

Colo. Rev. Stat. § 24-72-304(4.5) (2016).

See Conn. Gen. Stat. §1-210(b)(3) (law enforcement exemption) in Records Outline at II.A.2.c.

The address, place of employment and telephone number maintained by a court, prosecutor or law-enforcement agency of victims of certain crimes in Delaware are exempt from disclosure under the Act. 11 Del. C. § 9403(c).

Not specifically addressed.

Generally, the name, sex, age and address of the victim of a crime is open to public inspection under the Public Records Law. Fla. Stat. § 119.011(3)(c)(2) (2020), but other information concerning victims, such as the victim’s telephone number or address or personal assets, is exempt, Fla. Stat. § 119.03(2)(j); Op. Att’y Gen. Fla. 96-82 (1996). Criminal intelligence or investigative information revealing the identity of a victim of any sexual offense or child abuse or a minor victim of human trafficking, or revealing personal assets of a crime victim which were not involved in the crime are not open records. Fla. Stat. § 119.071(2)(h), (i) (2020).

In 2018, Florida passed an amendment to its constitution known as “Marsy’s Law,” which provides a host of rights to victims of crimes, particularly with respect to their rights in a criminal proceeding against their accused. One provision of Marsy’s Law is the right to prevent the disclosure of information that may be used to locate or harass the victim. See Fla. Const. art. I, § 16(b)(5). Accordingly, many victims are now utilizing Marsy’s Law to prevent the release of their names.

Many agencies have interpreted this law differently, with some automatically redacting victims’ names from public records and others requiring victims to “opt-in” to the disclosure provision. In Florida Police Benevolent Ass’n v. City of Tallahassee, 314 So. 3d 796 (Fla. 1st DCA 2021), the first case to evaluate the impact of Marsy’s Law on the Public Records Law, the court affirmatively held that a victim’s name is a piece of information that can be used to locate or harass the victim and thus could be withheld.

In addition, the court held that the Marsy’s Law disclosure provisions also protect police officers in their official capacity. Thus, a police officer who is allegedly threatened, attacked, or harmed while on duty may claim to be a “victim” under Marsy’s Law and have his or her name concealed from public records. This case has been appealed, and as of this publication, the Florida Supreme Court has not yet made a determination as to whether it will accept jurisdiction.

Victim information is not exempt from the Act’s disclosure requirement.

There is no statutory or case law addressing this issue.

Department of Corrections records related to the identity of victims are exempt from disclosure. Idaho Code § 74-105(4)(a)(ii).

Depends; closed if the victim’s life or physical safety would be endangered, if the victim acts as a confidential source whose identity would unavoidably be disclosed, or if release of the victim’s information would disclose unique or specialized investigative techniques and would result in demonstrable harm to the public body that is the recipient of the request. 5 ILCS 140/7(1)(d). Certain private information pertaining to victims (especially child victims) may also be exempt under 5 ILCS 140/7(1)(c).

Ind. Code Section 5-14-3-5(c)(3)(B) requires law enforcement agencies to provide the name and age of victims of crimes or infractions, unless the person is a victim of the sex crimes enumerated in Indiana Code Section 35-42-4-1 et seq.including rape, criminal deviate conduct, child molesting, child seduction, child solicitation, and sexual battery or a victim of human and sexual trafficking under 35-42-3.5 et seq.

See generally Iowa Code § 22.7(5).

The name, address, phone number or any other information which would specifically identify the victim of a sexual offense may not be revealed. K.S.A. 45-221(a)(10)(F). Information concerning other victims is not specifically addressed and is presumably open for inspection unless part of a criminal investigation. K.S.A. 45-221(a)(10). (Records compiled in contested case under the Crime Victims Reparations Board are open. Kan. Att’y Gen. Op. 1982-28); (Child abuse records are not open for public inspection. Kan. Att’y Gen. Op. 1977-308). In police records pertaining to a sexual assault, any victim-specific or identifying information can be deleted from the record prior to any disclosure to prevent an unwarranted invasion of personal privacy, pursuant to K.S.A. 45-221(a)(30). Kan. Att’y Gen. Op. 1992-149.  Child in need of care records and reports, including certain juvenile intake and assessment reports are mandatorily closed by statute.  See K.S.A. 38-2212; see also Kan. Att’y Gen. Op. 2004-32.

Generally open, except for the names and identifying information of victims of sexual offenses in certain cases. In Cape Publications v. City of Louisville, the Kentucky Court of Appeals held that “the Division may not withhold the identities of all crime victims as a matter of policy . . . .” 147 S.W. 3d 731, 732 (Ky. Ct. App. 2004). The Court went on to exclude the victims of sex crimes from the general policy of openness, because of the personal nature of the crime. Id. at 732-733. However, the Court noted that: “[W]e believe that in rare instances, such as where the victim of a sexual offense has "gone public," or other circumstances in which the victim has evidenced a waiver of privacy, that victim's privacy interests may be subordinate to the public's interest in disclosure.” Id.

The act does not require that victims be identified in the initial investigation report. Nor does it prohibit disclosure in that report of the identity of victims except for victims of sexual crimes. La. Rev. Stat. Ann. § 44:3(A)(4)(b). Records and reports concerning all matters and proceedings before a juvenile court are confidential and docketing of juvenile cases are kept separately from the civil and criminal cases. La. Rev. Stat. Ann. § 44:4.1(B)(35); Op. Att'y Gen. 03-0026.

The identity of a victim generally receives no special treatment, although victim information in intelligence and investigative records may be withheld on privacy grounds under 16 M.R.S.A. § 804.  The identity of minor victims of sexual offenses is confidential and prosecutors must refrain from unnecessary pre-trial publicity that might reveal the minor's identity. 30-A M.R.S.A. § 288. Additionally, if the victim requested assistance by calling 911, the identity of the victim cannot be obtained by accessing the 911 tape or transcript. 25 M.R.S.A. § 2929.

A custodian has discretion to disclose an investigatory record containing the name and address of a crime victim and will consider both the public interest and the privacy interests of the victim. For example, the Court of Appeals held that it would be contrary to the public interest to disclose a report of an internal investigation of a police officer because it could discourage witnesses or other persons with information from cooperating. Mayor and City Council of Baltimore v. Maryland Committee Against the Gun Ban, 329 Md. 78 (1993); see also 77 Op. Att'y Gen. 183 (1992) (custodian of an investigatory record containing the name and address of a crime victim would be required under the PIA to consider the assertions of the public interest made by the requester, as well as the privacy interests of the victim); see also Howard v. Alexanderson, Nos. C-13-063914, C-13-063484 (Cir. Ct. Carroll Cty., Jan. 16, 2014) (considering that a requester's intended use may be relevant in an action for a protective order under § 4-358.

Victim statements, like witness statements, may be released after redaction for medical information and indirect identification of a witness or a victim.

Not specifically addressed.

Access to data identifying victims may be withheld if the victim specifically requests not to be identified publicly, unless the agency reasonably determines that revealing the identity of the victim would not threaten his or her personal safety or property. Minn. Stat. § 13.82, subd. 17(d).

Victim personal information, and letters of support on behalf of victims, are exempt. § 25-61-12(3).

Law enforcement agencies are afforded discretion to withhold arrest, incident, or other reports or records if they contain information that is “reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person.” Mo.Rev.Stat. § 610.100.3. See Hyde v. City of Columbia, 637 S.W.2d 251 (Mo.Ct.App. 1982) (judicially created exception permitting withholding of victim’s name while accused was still at large.

The name of a victim in an initial offense report is public unless the crime is a sex crime. Other victim information cannot be released if “no release” is requested by the victim. If the victim does not request privacy, the information is public. See Mont. Code Ann. § 2-3-201. Victim information under this section is information regarding victim and victim’s family members’ address, telephone number and place of employment.

There is no law on point. To the extent victim information is part of an investigative record it may be withheld.

See Donrey of Nevada, Inc. v. Bradshaw, 106 Nev. 630 (1990).

Neither the Statute nor case law addresses this issue.

Pursuant to N.J.S.A. 47:1A-1.1, victims’ records are not “government records,” except that a victim of a crime shall have access to the victim’s own records.  Moreover, under N.J.S.A. 47:1A-1.1, “any written request by a crime victim for a record to which the victim is entitled to access as provided in this section, including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order” is not a “government record.”

N.J.S.A. 47:1A-1.1 contains the following definitions:

“Victim’s record” means an individually-identifiable file or document held by a victims’ rights agency which pertains directly to a victim of a crime except that a victim of a crime shall have access to the victim’s own records.

“Victim of a crime” means a person who has suffered personal or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime, or if such a person is deceased or incapacitated, a member of that person’s immediate family.

“Victims’ rights agency” means a public agency, or part thereof, the primary responsibility of which is providing services, including but not limited to food, shelter, or clothing, medical, psychiatric, psychological or legal services or referrals, information and referral services, counseling and support services, or financial services to victims of crimes, including victims of sexual assault, domestic violence, violent crime, child endangerment, child abuse or child neglect, and the Victims of Crime Compensation Board, established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008.

N.J.S.A. 47:1A-1 provides, in part:

a public agency has a responsibility and an obligation to safeguard from public access a citizen’s personal information with which it has been entrusted when disclosure thereof would violate the citizen’s reasonable expectation of privacy[.]

N.J.S.A. 47:1A-2.2 provides:

1. Notwithstanding the provisions of P.L.1963, c. 73 (C.47:1A-1 et seq.) or the provisions of any other law to the contrary, where it shall appear that a person who is convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family, including but not limited to a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, the right of access provided for in P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented shall be denied.
2. A government record containing personal identifying information which is protected under the provisions of this section may be released only if the information is necessary to assist in the defense of the requestor. A determination that the information is necessary to assist in the requestor's defense shall be made by the court upon motion by the requestor or his representative.
3. Notwithstanding the provisions of P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented, or any other law to the contrary, a custodian shall not comply with an anonymous request for a government record which is protected under the provisions of this section.

Additionally, N.J.A.C. 10A:22-2.1 provides:

(a) Pursuant to N.J.S.A. 47:1A-2.2 , a person convicted of any indictable offense under the laws of this State, any other state or the United States shall be denied access to a government record if the record contains personal information pertaining to the person's victim(s) or family member(s) of a victim(s).

(b) An exception to (a) above may be made only if a court, upon motion by the requester or his or her representative, has determined that the information is necessary to assist in the defense of the requester. The inmate or representative thereof shall submit the determination by the court to the custodian of records for review and release authorization determination.

Under N.J.S.A. 47:1A-5(b)(2):

No fee shall be charged to a victim of a crime for a copy or copies of a record to which the crime victim is entitled to access, as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1).

Generally public information.  See NMSA 1978 § 14-2-1(D). Exceptions exist for victims of—or non-law enforcement witnesses to—an alleged crime of: (1) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration, (2) assault against a household member with intent to commit a violent felony pursuant to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration, (3) stalking pursuant to Section 3-3A-3 NMSA 1978, (4) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978, (5) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, or (6) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978.

Johnson Newspaper Corp. v. Call, 115 A.D.2d 335, 495 N.Y.S.2d 813 (4th Dep’t 1985) (rejecting sheriff’s practice of withholding reports of offenses when person reporting the offense indicated preference that incident not be released to media).

North Carolina has no statute that categorically would exempt from disclosure any information about victims of crime. Law enforcement may temporarily “withhold the name or address of a complaining witness if release of the information is reasonably likely to pose a threat to the mental health, physical health, or personal safety of the complaining witness or materially compromise a continuing or future criminal investigation or criminal intelligence operation.” G.S. § 132-1.4(d).

When the victim is deceased, assuming the victim was not a complaining witness before his or her death, the decedent’s identity would need to fall within one of the other subsection (c) categories in order to be public. It may be prudent to argue that the victim’s identity is part of (c)(1), and that a complete response to the “time, date, location, and nature of a violation or apparent violation of the law reported to a public law enforcement agency” necessarily includes identity of the victim, since there is no explicit prohibition on releasing the victim’s name.

Note that there is no provision in our statute that allows a law enforcement agency to withhold the name of a deceased victim pending the notification of family members.

Generally, there is also no law that allows law enforcement to withhold the name of a deceased juvenile victim of either a crime or an accident. The exception to this is in child fatality or near fatality cases where the victim has been subjected to abuse and neglect. In those cases, G.S. § 7B-2902 controls and the rules are different and more complicated.

If children or victims of domestic violence, generally closed. Please see the discussion of statutory exemptions.

A victim’s statement reporting an office to a law enforcement officer is a public record which must be disclosed where the person seeking the statement is not a defendant in a criminal prosecution. Pinkava v. Corrigan, 64 Ohio App.3d 499, 581 N.W.2d 1181 (Ohio App. 8th Dist. 1990)(victim's statement reporting an offense to a police officer is a public record). But see State v. Daniel, 97 Ohio App.3d 548, 647 N.W.2d 174 (Ohio Ct. App. 1994) (victim’s statements that were compiled solely for initiating prosecution of defendant were exempt as trial preparation records).

If the safety of a victim would be endangered then the record is exempt as a confidential law enforcement investigatory record.  Ohio Rev. Code §§ 149.43(A)(1)(h), 149.43(A)(2)(d).

Police incident reports are public record. 51 O.S. § 24A.8(A).

Under ORS 192.345 (formerly ORS 192.501(3)), the need to protect “the complaining party or victim,” may underpin a “clear need to delay disclosure” of arrest records and reports of crimes. See also ORS 147.115 (concerning crime victim compensation records).

65 Pa. Stat. Ann. § 67.708(b)(16)(v) exempts “[v]ictim information, including any information that would jeopardize the safety of the victim.”

There is no statutory or case law addressing this issue.

Records or other information compiled for law enforcement purposes are public but may be withheld from disclosure if production of the information would “endanger the life or physical safety of any individual.” S.C. Code Ann. § 30-4-40(a)(3)(f).

Falls under UJS rules. SDCL §1-27-1.12. Generally open, but victim in sex-crime can suppress name until arraignment. SDCL §23A-6-22. Victim compensation hearings open. SDCL §23A-28B-37). Victim identification information confidential under sex offender registration law. SDCL §22-24B-15.

Some are closed. T.C.A. §§ 16-20-103; 40-28-504; 40-38-110

"As a rule, . . . the names of complainants are public information. . . . Only in unusual instances, such as where the complainant was the victim of a sexual assault may the identity of a complainant be withheld." Tex. Att'y Gen. ORD-482 (1987) (citations omitted); see Houston Chronicle Pub. Co., 531 S.W.2d at 186-87 (finding a constitutionally protected right of the press to the front page of offense reports, including, among other things, the identity and description of the complainant); see also Tex. Att'y Gen. Nos. ORD-611 (1992) (advising that documents relating to a police department's investigation of

adult victims of family violence are likewise not per se excepted from disclosure), ORD-440 (1986) (advising that the investigation file on alleged child abuse at a state school for the deaf is excepted), ORD-422 (1984) (advising that the identity of a shooting victim is not per se excepted by common law privacy), ORD-409 (1984) (advising that the names of burglary victims are not ordinarily excepted from disclosure), ORD-393 (1983) (advising that the identity of a child who may have been sexually abused is excepted by common law privacy), ORD-339 (1982) (opining that "common law privacy permits the withholding of the name of every victim of a serious sexual offense"); see also In re Westwood Affiliates, L.L.C., 263 S.W.3d 176 (Tex. App.—Houston [1st Dist.] 2007, no pet.)  (Mother of shooting victim who brought premises liability action against owner of the retail establishment outside of which the shooting occurred not entitled to police department’s murder investigation records because such records are exempted by the law-enforcement privilege).

Article 57.02 of the Texas Code of Criminal Procedure allows victims of sex crimes to use pseudonyms in all public records concerning the offense, including in police reports and during testimony in court. Under this law, law enforcement officials cannot disclose the victim's name, address or telephone number unless ordered to do so by a court. Tex. Crim. Proc. Code. art. 57.02.

a. Victims’ names are presumed public, although access may be restricted if release would constitute a clearly unwarranted invasion of personal privacy. See Utah Code §§ 63G-2-103(14)(a)(ii), -302(2)(d).

b. Information given to a sexual assault counselor by a victim and reports prepared by the counselor are confidential and may be disclosed only to authorized persons or as required by law to report child abuse or neglect. Id. § 77-38-204.

“[A] public agency shall not reveal . . . the identity of a private individual who is a witness to or victim of a crime, unless withholding the identity or information would conceal government wrongdoing.”  1 V.S.A. § 317(c)(5)(D).  However, the statute prohibits an agency from withholding a document in its entirety because it contains such identifying information; instead the identifying information must be redacted.  Id.

The identity of any victim is subject to discretionary disclosure unless disclosure is prohibited under § 19.2-11.2, the victim-witness protection statute. Va. Code. Ann. §2.2-3706.B.10.

The identity of witnesses, victims and people who file criminal or quasi-criminal complaints with agencies other than the Public Disclosure Commission is exempt if disclosure would endanger a person's life, property or physical safety, or if the complainant indicates at the time of filing the complaint that the complainant desires it to be confidential. RCW 42.56.240(2).

The CRPA restricts access to pre-conviction and nonconviction records generally but not post-conviction records. Records of entry are accessible on a chronological basis, and records of those currently in the criminal justice system are not exempt. RCW 10.97.

Coroner records that identify the deceased may be withheld for 48 hours or until the next of kin is notified, although the official may exercise discretion to release the records earlier to aid in identifying the deceased. RCW 68.50.300.

(This section is blank. See the point above.)

There is no statute expressly restricting access to the identity of victims; however, Wis. Stat. § 950.04(1v)(ag), (1v)(dr), and (2w)(dm) protect victims from the inappropriate release of their personal information. The record created on procedures for the award of compensation to victims is generally subject to public inspection unless otherwise provided by law. Wis. Stat. § 949.16.

In sexual assault cases, public employees shall not release the name of the victim or information reasonably likely to identify the victim.