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ACT No. 993
Regular Session, 2010
HOUSE BILL NO. 1357
BY REPRESENTATIVE BALDONE AND SENATORS DORSEY AND MOUNT
AN ACT1
To amend and reenact Children's Code Article 804(3) and to enact R.S. 14:81.1.1, relative2
to sexual offenses affecting minors; to provide relative to delinquent acts; to create3
the crime of sexting; to provide for elements of the crime; to provide for criminal4
penalties; to provide for definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Children's Code Article 804(3) is hereby amended and reenacted to read7
as follows:8
Art. 804. Definitions9
As used in this Title:10
* * *11
(3) "Delinquent act" means an act committed by a child of ten years of age12
or older which if committed by an adult is designated an offense under the statutes13
or ordinances of this state, or of another state if the act occurred in another state, or14
under federal law, except traffic violations. It includes an act constituting an offense15
under R.S. 14:81.1.1(A)(2) and a direct contempt of court committed by a child.16
* * *17
Section 2. R.S. 14:81.1.1 is hereby enacted to read as follows: 18
ยง81.1.1. "Sexting"; prohibited acts; penalties19
A.(1) No person under the age of seventeen years shall knowingly and20
voluntarily use a computer or telecommunication device to transmit an indecent21
visual depiction of himself to another person.22 ENROLLEDHB NO. 1357
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(2) No person under the age of seventeen years shall knowingly possess or1
transmit an indecent visual depiction that was transmitted by another under the age2
of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.3
B. For purposes of this Section:4
(1) "Indecent visual depiction" means any photograph, videotape, film, or5
other reproduction of a person under the age of seventeen years engaging in sexually6
explicit conduct, and includes data stored on any computer, telecommunication7
device, or other electronic storage media which is capable of conversion into a visual8
image.9
(2) "Sexually explicit conduct" means masturbation or lewd exhibition of the10
genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age11
of seventeen years.12
(3) "Telecommunication device" means an analog or digital electronic device13
which processes data, telephonic, video, or sound transmission as part of any system14
involved in the sending or receiving of voice, sound, data, or video transmissions.15
(4) "Transmit" means to give, distribute, transfer, transmute, circulate, or16
disseminate by use of a computer or telecommunication device.17
C.(1) For a violation of the provisions of Paragraph (A)(1) of this Section,18
the offender's disposition shall be governed exclusively by the provisions of Title VII19
of the Louisiana Children's Code.20
(2)(a) For a first offense in violation of Paragraph (A)(2) of this Section, the21
offender shall be fined not less than one hundred dollars nor more than two hundred22
fifty dollars, imprisoned for not more than ten days, or both. Imposition or execution23
of the sentence shall not be suspended unless the offender is placed on probation24
with a minimum condition that he perform two eight-hour days of court-approved25
community service.26
(b) For a second offense in violation of Paragraph (A)(2) of this Section, the27
offender shall be fined not less than two hundred fifty dollars nor more than five28
hundred dollars, imprisoned for not less than ten days nor more than thirty days, or29
both. Imposition or execution of the sentence shall not be suspended unless the30 ENROLLEDHB NO. 1357
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offender is placed on probation with a minimum condition that he perform five eight-1
hour days of court-approved community service.2
(c) For a third or any subsequent offense in violation of Paragraph (A)(2) of3
this Section, the offender shall be fined not less than five hundred dollars nor more4
than seven hundred fifty dollars, imprisoned for not less than thirty days nor more5
than six months, or both. Imposition or execution of the sentence shall not be6
suspended unless the offender is placed on probation with a minimum condition that7
he perform ten eight-hour days of court-approved community service.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: