HLS 10RS-2408 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1357
BY REPRESENTATIVE BALDONE
CRIME: Prohibits the transmission of indecent visual depictions in certain circumstances
AN ACT1
To enact R.S. 14:81.1.1, relative to sexual offenses affecting minors; to create the crime of2
sexting; to provide for elements of the crime; to provide for criminal penalties; to3
provide for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:81.1.1 is hereby enacted to read as follows: 6
ยง81.1.1. "Sexting"; prohibited acts; penalties7
A.(1) No person under the age of seventeen years shall knowingly and8
voluntarily use a computer or telecommunication device to transmit an indecent9
visual depiction of himself to another person.10
(2) No person under the age of seventeen years shall knowingly possess or11
transmit an indecent visual depiction that was transmitted by another under the age12
of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.13
B. For purposes of this Section:14
(1) "Indecent visual depiction" means any photograph, videotape, film, or15
other reproduction of a person under the age of seventeen years engaging in sexually16
explicit conduct, and includes data stored on any computer, telecommunication17
device, or other electronic storage media which is capable of conversion into a visual18
image.19 HLS 10RS-2408 ENGROSSED
HB NO. 1357
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) "Sexually explicit conduct" means masturbation or lewd exhibition of the1
genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age2
of seventeen years.3
(3) "Telecommunication device" means an analog or digital electronic device4
which processes data, telephonic, video, or sound transmission as part of any system5
involved in the sending or receiving of voice, sound, data, or video transmissions.6
(4) "Transmit" means to give, distribute, transfer, transmute, distribute,7
circulate, or disseminate by use of a computer or telecommunication device.8
C. Whoever violates the provisions of this Section shall be fined not less9
than one hundred dollars nor more than two hundred fifty dollars and shall be10
imprisoned for not less than ten days nor more than thirty days. Imposition or11
execution of sentence shall not be suspended unless the offender is placed on12
probation with a minimum condition that he perform ten eight-hour days of13
court-approved community service.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Baldone HB No. 1357
Abstract: Creates the crime of sexting, and provides for criminal penalties.
Proposed law creates the crime of sexting which:
(1)Prohibits a person under the age of 17 from knowingly and voluntarily transmitting
an indecent visual depiction of himself to another.
(2)Prohibits a person under the age of 17 from knowingly possessing or transmitting
such image.
Proposed law provides for definitions of "indecent visual depiction", "sexually explicit
conduct", "telecommunication device", and "transmit".
Proposed law provides that whoever violates proposed law shall be fined not less than $100
nor more than $250 and shall be imprisoned for not less than 10 days nor more than 30 days.
Provides that this sentence shall not be suspended unless the offender is placed on probation
with a minimum condition that he perform 10 eight-hour days of court-approved community
service.
(Adds R.S. 14:81.1.1)