# Killers can't profit from their crime? What about this...? **URL:** \ **Category:** Factual Questions\ **Created:** [September 4, 2003, 5:12am UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473 "2003-09-04T05:12:18Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\ **Post date:** [September 4, 2003, 5:12am UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/1 "2003-09-04T05:12:18Z")
I know how laws barring killers from profiting from their crime apply to inheritances and book deals (generally), but an episode of Murder, She Wrote that I saw today triggered an odd question. In this episode, an art dealer who was heavily in debt murdered a friend, a famed artist, to increase the value of the paintings he, the dealer, already owned. How would the law apply to this sort of case? Would the dealer be barred from selling the paintings? If he needed to in order to pay for his defense, would he be forced to take a public defender? Idle question… ---
**Author:** ![herman\_and\_bill](https://avatars.discourse-cdn.com/v4/letter/h/f1d935/32.png) [@herman\_and\_bill](https://boards.straightdope.com/u/herman_and_bill)\ **Post date:** [September 4, 2003, 11:17am UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/2 "2003-09-04T11:17:41Z")
Real world law is a different world from law depicted on tv. The murderer would have his pants sued off by the victims family. ---
**Author:** ![doctordoowop](https://avatars.discourse-cdn.com/v4/letter/d/ecc23a/32.png) [@doctordoowop](https://boards.straightdope.com/u/doctordoowop)\ **Post date:** [September 4, 2003, 3:07pm UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/3 "2003-09-04T15:07:09Z")
The issue is timing- nobody could take anything from him until he was found guilty-until then he legally committed no crime. Any lawsuit from victim’s family would come years after criminal trial- by then maybe all assets are gone. The Menendez brothers spent their inheriatance before they were convicted of murdering their parents. ---
**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\ **Post date:** [September 5, 2003, 2:57am UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/4 "2003-09-05T02:57:40Z")
Okay, fine, but it doesn’t QUITE answer my question, as far as I can read of your responses: suppose the guy is convicted, and suppose, for some odd reason, that he isn’t sued. Is there anything in the law that keeps him from selling those paintings? ---
**Author:** ![doctordoowop](https://avatars.discourse-cdn.com/v4/letter/d/ecc23a/32.png) [@doctordoowop](https://boards.straightdope.com/u/doctordoowop)\ **Post date:** [September 5, 2003, 5:05am UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/5 "2003-09-05T05:05:50Z")
Son of Sam & similar laws are to prevent profit from books, movies & TV. Your scenario would probably cause laws to be passed to prevent it- none exist now AFAIK. ---
**Author:** ![slipster](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@slipster](https://boards.straightdope.com/u/slipster)\ **Post date:** [September 6, 2003, 9:26pm UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/6 "2003-09-06T21:26:02Z")
WAG: the dealer would forfeit his profits to the victim’s estate or heirs when sued under a theory of unjust enrichment; that is, the plaintiff(s) would argue that as a matter of fairness the profits should belong to them instead. ---
**Author:** ![Daylon](https://avatars.discourse-cdn.com/v4/letter/d/45deac/32.png) [@Daylon](https://boards.straightdope.com/u/Daylon)\ **Post date:** [September 7, 2003, 10:36am UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/7 "2003-09-07T10:36:38Z")
Question - Was the son of sam law specific only to new york? Or was that a federal law? I know of the existance of serial murderer playing cards, john wayne gacy art…and the upcoming movie called Party Monster about that New York club kid that murdered someone…starring a now grown up Macauly Kulkin…I’m sure the guy sold his rights for some cash or something… Daylon ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 7, 2003, 5:10pm UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/8 "2003-09-07T17:10:59Z")
The movie “Party Monster” was actually based on a book by another of the “club kids,” James St. James, and not on anything written by the killer, Michael Alig. IIRC at least one “Son of Sam” law (which are/were state-based) was ruled unconstitutional by SCOTUS. I think the case involved the woman who killed the “Scarsdale Diet” doctor but I don’t remember the details. ---
**Author:** ![lucwarm](https://avatars.discourse-cdn.com/v4/letter/l/e19adc/32.png) [@lucwarm](https://boards.straightdope.com/u/lucwarm)\ **Post date:** [September 7, 2003, 7:16pm UTC](https://boards.straightdope.com/t/killers-cant-profit-from-their-crime-what-about-this/199473/9 "2003-09-07T19:16:28Z")
As they tell you in the first week of law school, you need to start by looking at the actual text of the law. (If you poke around online, you might be able to find it.) Anyway, if there is a reasonable way to read the law to cover the situation you describe, I imagine that most judges would make it happen. I have no idea how the law is written though, so I won’t venture a guess.