For Immediate Release: April 12, 2006

Bill to Protect Images of Servicemen Passes Senate

The State Senate on Wednesday unanimously approved legislation to protect the images of service members of the United States Armed Forces from being used for purposes of advertising or solicitation without the consent of those individuals or their families.

House Bill 2643, by Senator Jim Wilson and Representative Mike Brown, would make the unauthorized use of an armed service member’s name, portrait or picture a misdemeanor punishable by up to a year in prison or a fine of up to $1,000.

“I’m pleased we’ve been able to pass this legislation and provide protection to families of our military serving abroad,” said Wilson, D-Tahlequah. “The use of pictures of fallen soldiers for the purpose of marketing products is indefensible, and will no longer go unpunished.”

The issue came to light, Wilson noted, when a family living in his district discovered various materials being marketed on E-Bay bearing the image of their son who fell in combat in Iraq.

The family of Cpl. Scott Michael Vincent, USMC, who was killed serving in Iraq, wrote a letter to both legislators requesting the bill. Brown said Vincent’s mother wrote that her son’s likeness and name were being used by vendors in Arizona and Texas without the consent of the family. One such vendor, Brown noted, had even gone so far as to carve Vincent’s likeness into a piece of toast that was posted for sale on the website.

Brown said he was pleased with the Senate’s approval of the measure, and said lawmakers should take whatever steps are necessary to protect the families of fallen armed service members from further grief.

“It’s important that we protect these families from exploitation,” said Brown, D-Tahlequah. “Profiting from the very individuals that put their life on the line for your security and protection is shameful, and this measure gives families recourse from this violation of privacy and decency.”

Having passed both houses unanimously, the measure will now go the Governor’s desk for approval.

“Attempting to profit from a tragedy such as this is wrong, and doing so without the consent of the family should be criminal – that’s what we’re trying to do,” said Wilson.

For more information, contact:
Senate Wilson's Office: (405) 521-5574