# Question about criminals not allowed to profit from their crime

**URL:** <https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691>\
**Category:** Factual Questions\
**Created:** [January 26, 2012, 7:51am UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691 "2012-01-26T07:51:42Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [January 26, 2012, 7:51am UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691/1 "2012-01-26T07:51:42Z")

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[Inspired by this other GQ thread in which Argent Towers is interested in publishing the letters of a notorious criminal who is currently serving a life term.](http://boards.straightdope.com/sdmb/showthread.php?p=14707089&posted=1#post14707089) I have no idea whether these letters have any content related to the crime for which the guy has been convicted.

Let’s assume I’m a convicted criminal who committed serious crimes and got a lot of press attention

Does a judge have to make some it explicit during sentencing that I can’t sell my story to Hollywood? Or is the legal concept that the criminal can’t profit by selling his story outlawed in most places by statute?

Can I sell my fame associated with some bogus product? I’m thinking of John Gacey, who painted crappy pictures that I hear sell for pretty good prices – but I don’t know that he actually got any of that money, or would have been allowed to? If I did this would a court consider it profiting from my crime?

Can I sell a fictionally story that bears resemblance to the crime?

Can I sell my story after my prison term is complete? Now I’m thinking about Jack Abramoff, who’s on a book tour and his book apparently details the very kinds of activities that he was convicted of.

What if someone wants to publish my story? Can I “sell” it but designate that my proceeds go to another person (spouse or children maybe) or some charitable institution?

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**Author:** ![CordBlood](https://avatars.discourse-cdn.com/v4/letter/c/a587f6/32.png) [@CordBlood](https://boards.straightdope.com/u/CordBlood)\
**Post date:** [January 26, 2012, 9:20am UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691/2 "2012-01-26T09:20:27Z")

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Son of Sam laws are mostly unconstitutional.

> **[Son of Sam law](https://en.wikipedia.org/wiki/Son_of_Sam_law)**
>
> A Son of Sam law (also known as a notoriety-for-profit law) is an American English term for any law designed to keep criminals from profiting from the publicity of their crimes, for instance by selling their stories to publishers. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal's victims. 
> These laws have been criticized as violating the free-speech guarantee of the First Amendment to th...

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [January 26, 2012, 1:37pm UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691/3 "2012-01-26T13:37:42Z")

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Reading the wikipedia article, I have trouble imagining how anyone, even someone making a plea deal, can sign away the right of another family member (not charged nor convicted) to sell their story. Nor can I imagine a case where some victim could sue over a crime against an innocent family member of the accused… any more than a victim could sue one of the witnesses - who also would have a story to sell/tell. The only exception might(?) be a spouse of the criminal sharing the family debt; but if the payout arrives after the divorce, and the divorce is before the judgement, then what?

Lawyers… 🙂

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**Author:** ![sbright33](https://avatars.discourse-cdn.com/v4/letter/s/8e8cbc/32.png) [@sbright33](https://boards.straightdope.com/u/sbright33)\
**Post date:** [January 26, 2012, 3:28pm UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691/4 "2012-01-26T15:28:04Z")

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He has been recently promoting his book before returning to jail:

> **[Amazon.com: Customer reviews: Busted: The Rise and Fall of Art Schlichter](https://www.amazon.com/Busted-Rise-Fall-Art-Schlichter/product-reviews/1933197676)**
>
> Find helpful customer reviews and review ratings for Busted: The Rise and Fall of Art Schlichter at Amazon.com. Read honest and unbiased product reviews from our users.

Therefore we must assume he receives some of the profit indirectly.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [January 26, 2012, 4:13pm UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691/5 "2012-01-26T16:13:49Z")

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[Caryl Chessman](http://en.wikipedia.org/wiki/Caryl_Chessman)wrote and sold three autobiographical books and a novel while on death row.

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [January 26, 2012, 4:21pm UTC](https://boards.straightdope.com/t/question-about-criminals-not-allowed-to-profit-from-their-crime/610691/6 "2012-01-26T16:21:58Z")

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> [@md2000](#):
>
> Reading the wikipedia article, I have trouble imagining how anyone, even someone making a plea deal, can sign away the right of another family member (not charged nor convicted) to sell their story. Nor can I imagine a case where some victim could sue over a crime against an innocent family member of the accused… any more than a victim could sue one of the witnesses - who also would have a story to sell/tell. The only exception might(?) be a spouse of the criminal sharing the family debt; but if the payout arrives after the divorce, and the divorce is before the judgement, then what?
> 
> Lawyers… 🙂

It appears that one of my ancestors had a jail record. I would think it absurd if I would not be allowed to (somehow) make money off of it and not have it seized. Since the crimes were pretty mundane I doubt anyone would actually pay to hear about them or pay for artifacts, so the question seems kinda moot.
