What Are Son of Sam Laws? Unpacking the Rules That David Berkowitz Inspired (and How They Relate to the Idaho College Murders)

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Son of Sam laws were initially written to prevent criminals from profiting off their offenses — but their constitutionality has come into question
The Son of Sam, otherwise known as David Berkowitz, murdered six people and injured 11 during his New York City shooting spree between 1976 and 1977.
In the new Netflix docuseries Conversations With a Killer: The Son of Sam Tapes, out July 30, the serial killer details his mindset when he began murdering strangers, including what led him to write letters to the press and police in a dark cat-and-mouse game until he was finally caught in August 1977.
Berkowitz reportedly enjoyed the attention he got from the media and sought to get paid for a book telling his side of the story. Lawmakers in New York tried to prevent Berkowitz and other convicts from profiting off of their crimes, leading them to pass the Son of Sam law in 1977 before the .44 Caliber Killer had a chance to collect a dime from his crimes. Berkowitz was sentenced to 25 years to life for each murder he committed.
Other states enacted similar laws, but the Supreme Court delivered a judgment nearly 15 years later that killed or forced changes to many Son of Sam laws nationwide.
Here is everything to know about the Son of Sam laws.
What is a Son of Sam law?
New York enacted the original Son of Sam law in 1977 in an effort to prevent Berkowitz and other criminals from profiting off of their crimes in the form of movie, TV, book and other media deals, according to The New York Times.
In the 1977 law, victims were permitted to sue to receive any proceeds that convicted criminals received from paid media, with a Crime Victims Board able to seize the proceeds until the lawsuits were settled.
Under the first Son of Sam law, victims could sue within three years from the time a criminal received payment for media related to their offenses. At the time, there was also a statute of limitations of seven years from the time the crime was committed to file a lawsuit.
Why is it called the Son of Sam law?
The Son of Sam law got its name from Berkowitz's murder spree from 1976 through 1977. The serial killer used the alias — derived from the name of his neighbor, Sam Carr, and his dog Harvey — in his letters to reporters and law enforcement.
Berkowitz later alleged that he heard demons speaking to him through Harvey, a claim he later said he made for attention and to avoid taking accountability for the damage and trauma he caused.
The New York Times reported that Berkowitz and his team were selling a book that could make between $1 million and $10 million, of which Berkowitz would receive one-third. The killer and his team were reportedly also considering selling movie rights, but Berkowitz denied these claims.
How many states have Son of Sam laws?
Around 40 states have Son of Sam laws, though their enforcement and the details in each vary.
For example, California's former Son of Sam law stated that only people convicted of felonies were barred from profiting off of their stories and rights to film, TV, books and other media; and it specified that works with only "passing mention of the felony, as in a footnote or bibliography" were exempt.
The California Supreme Court, though, struck down their Son of Sam law in 2002 for infringing upon the First Amendment, per Reporters Committee.
Is the Son of Sam law unconstitutional?
In 1991, the Supreme Court ruled that New York's 1977 Son of Sam law was unconstitutional in the case Simon & Schuster v. Members of the New York Crime Victims Board.
The publishers of the book Wiseguy: Life in a Mafia Family by Henry Hill and Nicholas Pileggi (which would later be adapted into Martin Scorsese's acclaimed film Goodfellas) sued the Victims Board, arguing that the law made authors and editors self-censor their books.
Justice Sandra Day O'Connor found in her opinion that the Son of Sam law violated the First Amendment, noting that it was "presumptively inconsistent with the First Amendment if it imposes a financial burden on speakers because of the content of their speech."
She argued that under the Son of Sam law, as it was written and enacted in 1977, books like The Autobiography of Malcolm X and Henry David Thoreau's Civil Disobedience could see their proceeds not go to their respective authors.
What happened to the Son of Sam law in New York?
The original Son of Sam law in New York was amended in 2001 to allow victims to sue criminals not just for profits from movie, TV and book deals, but for virtually any income the convicts received while incarcerated, including lottery winnings, inheritance or stock market earnings, per The New York Times.
The amended law also extended the statute of limitations from seven to 10 years from the date of the crimes.
In December 2023, CBS News reported that New York lawmakers sought to amend the Son of Sam law again to also apply to spouses and relatives of criminals after the Gilgo Beach serial killer suspect Rex Heuermann's estranged wife, Asa Ellerup, was reportedly paid seven figures from Peacock when she appeared in a documentary.
Peacock said in a statement at the time that Ellerup "was not paid for her participation, but was paid a licensing fee for use of her archive materials." Peacock also noted that the funds were not permitted to be given to Heuermann or his criminal defense.
The proposed amended law would also require any company paying a criminal's relatives or spouses $10,000 or more to notify the New York State Office of Victim Services, which would in turn notify victims, Newsday reported.
Does Idaho have a Son of Sam law?
Idaho does not have a specific Son of Sam law, a point that the judge in the University of Idaho murder trial alluded to in his sentencing of Bryan Kohberger, per the Independent.
Kohberger stabbed Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin to death in their shared home in November 2022. He pleaded guilty to the quadruple murder three weeks before his trial was set to begin in exchange for avoiding the death penalty and received four life sentences.
"I know there has been concern about him collaborating on books, or movies, or other media projects, and I truly hope that someone does not stoop to affording him this spotlight that he desires, in the name of clicks, royalties, or profits," Judge Steven Hippler said at Kohberger's sentencing hearing. "In my view, the time has now come to end Mr. Kohberger's 15 minutes of fame."
Judge Hippler also encouraged the victims' loved ones and the public to not give Kohberger the notoriety that he suspected the killer wanted.
"The need to know what is inherently not understandable makes us dependent upon the defendant to provide us with a reason, and that gives him the spotlight, the attention and the power he appears to crave," Hippler said. "Yet, even if I could force him to speak, which legally I cannot, how could anyone ever be assured that what he speaks is the truth?"
Read the original article on People