Mark Hacking and 'Son of Sam'

The Salt Lake Tribune reported today that "Mark Hacking intends to pen book 'about everything'." Hacking is charged with slaying his wife, Lori Hacking.

What the story does not mention is that Utah, like many states, has a "Son of Sam" law that would prevent Hacking, if convicted, from profiting from the sale of a book about the crime. There is a loophole, however, because the statute applies only after conviction; thus, if Hacking were to publish a book during the trial and before conviction, perhaps he could avoid application of the law. (The Trib story states that Hacking would donate the proceeds to a memorial scholarship fund in Lori Hacking's name).

Here is the text of the Utah statute in question:

(1) At the time of sentence, the court may order the defendant to be prohibited from directly or indirectly engaging in any profit or benefit generating activity relating to the publication of facts or circumstances pertaining to the defendant's involvement in the criminal act for which the defendant is convicted.
(2) The court's order may prohibit the defendant from contracting with any person, firm, corporation, partnership, association, or other legal entity with respect to the commission and reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape recording, phonograph record, radio, or television presentations, live entertainment of any kind, or from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the criminal conduct.
(3) The court may order that the prohibition includes any event undertaken and experienced by the defendant while avoiding apprehension from the authorities or while facing criminal charges.

Utah Code Ann. 77-18-8.3