5 Shocking Ways The 'Son Of Sam Law' Was Overturned And Reborn To Fight Modern Crime
The "Son of Sam Law" is one of the most famous pieces of legislation in American history, born from a public outcry that a serial killer should not profit from his horrific crimes. As of December 24, 2025, this law remains a dynamic battleground between the First Amendment's guarantee of free speech and the fundamental rights of crime victims to justice and compensation. The original New York law was struck down by the Supreme Court, but its modern iterations have been continuously amended and strengthened to address new challenges, from workers' compensation claims to the rise of criminal-related crowdfunding.
This article dives into the complex legal history and the very latest updates, including new legislative pushes and court rulings that are reshaping how states prevent criminals and their associates from cashing in on notoriety. The core principle—that crime should not pay—is constantly being tested by the constitutional right to tell one's story, making the current status of the Son of Sam Law a critical issue for victims' advocates and legal scholars alike.
David Berkowitz: The Man Behind the Law
The "Son of Sam Law" is inextricably linked to the notorious serial killer David Berkowitz, whose crimes sparked its creation. Understanding his profile is essential to grasping the public outrage that fueled the original legislation.
- Born: David Richard Falco (later Berkowitz) on June 1, 1953.
- Crimes: Between July 1976 and July 1977, Berkowitz terrorized New York City, killing six people and wounding seven others with a .44 caliber revolver.
- Alias: He became infamously known as the "Son of Sam" and the ".44 Caliber Killer."
- Motive/Letters: He claimed his neighbor's dog, Harvey, was possessed by a demon that ordered him to kill, a detail he included in taunting letters sent to the police and media.
- Arrest and Sentence: Berkowitz was arrested in August 1977. He pleaded guilty to all the shootings and was sentenced to six consecutive life terms, totaling six 25-years-to-life sentences.
- Current Status: Berkowitz remains incarcerated in a New York State prison, having been denied parole multiple times. He is now a born-again Christian.
The Constitutional Earthquake: Why the Original Law Failed
The New York State Legislature enacted the original Son of Sam Law in 1977, specifically to prevent David Berkowitz from profiting from any book deals or media appearances related to his crimes. While the intent was noble—to ensure victims received compensation—the law was fundamentally flawed from a constitutional standpoint.
The original statute required that any money earned by a criminal from the depiction of their crime be turned over to the New York State Crime Victims Board. This money would then be held in escrow for the victims and their families.
The Landmark Simon & Schuster v. New York Case
The legal framework collapsed in 1991 following the Supreme Court case *Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board*. The case centered on the book *Wiseguy*, a non-fiction work about former mobster Henry Hill (the inspiration for the film *Goodfellas*). The state attempted to seize Hill's advance money under the Son of Sam Law.
In a unanimous decision, the U.S. Supreme Court struck down the New York law, ruling that it violated the First Amendment. The Court found that the law was an unconstitutional content-based restriction on speech because it singled out and financially burdened speech about a particular subject matter—a person's own crime.
The ruling created a massive legal loophole. Since the law was deemed too broad and not "narrowly tailored" to its purpose, it effectively allowed criminals across the country to profit from their notoriety, leading to a scramble by states to rewrite their laws.
The Rebirth: How States Built the 'Son of Sam II' Laws
Following the Supreme Court's ruling, nearly every state in the U.S. was forced to amend, repeal, or replace their notoriety-for-profit laws. The new generation of statutes, often called "Son of Sam II" laws, had to be carefully constructed to avoid the First Amendment trap.
The key strategy was to make the laws asset-based rather than content-based. Instead of targeting profits *from* the story of the crime, the new laws target a broader range of a criminal's assets, allowing victims to seek compensation from *any* money the criminal receives, regardless of the source, once a civil judgment is secured.
New York, for example, amended its law in 2001 to give the New York State Office of Victim Services the power to seek a court order to seize a wide variety of a criminal's assets for the benefit of victims.
Case Study: California’s Ongoing Legal Battle
California’s experience perfectly illustrates this continuous legal tension. The state’s original law was challenged in the case *Keenan v. Superior Court (Frank Sinatra)*. The case involved Barry Keenan, who kidnapped Frank Sinatra Jr. and later sold the movie rights to his story.
The California Supreme Court ultimately struck down the state's original law, ruling it unconstitutional. This forced California to enact a new version, a "Son of Sam II" law, which was designed to be constitutionally sound by focusing on the criminal's assets and not just the profits from the story.
Fresh Updates: The Son of Sam Law in 2024 and 2025
The fight to keep criminals from profiting is far from over. Recent court rulings and new legislative proposals show the law is constantly evolving to address modern financial and media platforms. The most recent updates include:
1. Seizing Workers’ Compensation: The 2024 Ruling
In a significant 2024 victory for victims’ rights, a New York appeals court ruled that the Son of Sam Law supersedes a murderer's workers' compensation settlement. This decision confirmed that the law can be used as a powerful tool to seize money from sources not directly related to media profits, reinforcing the "asset-based" strategy of the amended statutes.
The ruling clarified the expansive reach of New York's Executive Law § 632-a, ensuring that even compensation for an injury received while incarcerated can be directed to the victims of the original crime.
2. The Crowdfunding Loophole: Ohio’s Legislative Push
The rise of online platforms has created new avenues for criminals and their associates to profit, often through crowdfunding sites like GoFundMe. In response, lawmakers in states like Ohio are pushing for new legislation to explicitly extend their "Son of Sam" laws to cover these modern platforms.
This proposed amendment aims to prevent convicted felons from using online fundraising to solicit donations for personal benefit or legal defense, effectively closing a significant modern loophole that was not anticipated when the original laws were written in the 1970s.
3. Targeting Family Profits: The New York Amendment Push
One of the most recent and relevant legislative efforts involves closing a loophole that allows a criminal's family members or close associates to profit from the crime story. In New York, two new bills have been introduced to amend the Son of Sam Law to prevent family members of defendants from profiting off the crimes.
This push is a direct response to cases where spouses, parents, or children of notorious criminals have secured lucrative book deals or media payments by telling the "inside story," essentially circumventing the law designed to punish the criminal. If passed, this would represent a major expansion of the law's scope and a powerful new tool for victims’ advocates.
4. The Broad Scope of 'Profits': A Continuous Legal Debate
The definition of "profit" continues to be debated in courts. Modern Son of Sam laws attempt to capture a wide range of assets, including:
- Payments for books, movies, or articles.
- Royalties from music or artwork created by the criminal.
- Inheritances or large gifts.
- Money received from lawsuits or settlements (like the workers' compensation case).
The constitutional challenge remains: how far can the state go in seizing a person's assets without infringing on their First Amendment rights or their right to due process?
The Enduring Legacy of the Son of Sam Law
The "Son of Sam Law" is no longer a single, simple statute. It is a complex, constantly updated legal doctrine that exists in various forms across nearly all fifty states. It represents a fundamental tension in American jurisprudence: the desire for justice and victim compensation versus the constitutional protection of free speech. The law's history—from its creation in 1977 to its constitutional defeat in 1991 and its subsequent rebirth as a more robust, asset-focused tool—demonstrates the enduring commitment to the principle that criminals should not be rewarded for their acts.
As technology and media evolve, from book deals to crowdfunding and social media, the Son of Sam Law will continue to be amended, tested, and challenged, ensuring that the legal battle to protect victims' rights remains a priority in the years to come.
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