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ACT No. 516
Regular Session, 2010
HOUSE BILL NO. 290
BY REPRESENTATIVES TALBOT, ANDERS, ARNOLD, AUSTIN BADON, BOBBY
BADON, BALDONE, BARRAS, BILLIOT, BROSSETT, BURFORD, HENRY
BURNS, TIM BURNS, CARMODY, CHAMPAGNE, CHANDLER, CHANEY,
CONNICK, CROMER, DANAHAY, DOERGE, DOVE, DOWNS, FANNI N,
GISCLAIR, GREENE, GUILLORY, GUINN, HARDY, HARRISON, HAZEL,
HENDERSON, HENRY, HILL, HINES, HOFFMANN, HOWARD, HUTTER,
JOHNSON, KATZ, LABRUZZO, LAFONTA, LAMBERT, LEGER, LIGI,
LITTLE, LORUSSO, MILLS, MONICA, NORTON, NOWLIN, PEARSON, PUGH,
RICHARD, RICHARDSON, ROBIDEAUX, SCHRODER, SIMON, SMILEY,
GARY SMITH, JANE SMITH, ST. GERMAIN, TEMPLET, THIBAUT, THIERRY,
TUCKER, WHITE, WILLIAMS, AND WILLMOTT AND SENATORS ALARIO,
AMEDEE, APPEL, BROOME, CROWE, DUPLESSI S, HEITMEIER, KOSTELKA,
LONG, MARTINY, MICHOT, MOUNT, SHAW, AND THOMPSON
AN ACT1
To amend and reenact R.S. 14:81.1(A), (B), (C), and (E) and to enact R.S. 14:81.1(H),2
relative to the crime of pornography involving juveniles; to provide for the elements3
of the crime; to provide for definitions; to provide for criminal penalties; to provide4
for exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:81.1(A), (B), (C), and (E) are hereby amended and reenacted and7
R.S. 14:81.1(H) is hereby enacted to read as follows: 8
ยง81.1. Pornography involving juveniles9
A.(1) Pornography involving juveniles is any of the following: It shall be10
unlawful for a person to produce, distribute, possess, or possess with the intent to11
distribute pornography involving juveniles.12
(1) The photographing, videotaping, filming, or otherwise reproducing13
visually of any sexual performance involving a child under the age of seventeen.14
(2) The solicitation, promotion, or coercion of any child under the age of15
seventeen for the purpose of photographing, videotaping, filming, or otherwise16
reproducing visually any sexual performance involving a child under the age of17
seventeen.18
(3) The intentional possession, sale, distribution, or possession with intent19
to sell or distribute of any photographs, films, videotapes, or other visual20 ENROLLEDHB NO. 290
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reproductions of any sexual performance involving a child under the age of1
seventeen.2
(4)(2) It shall also be a violation of the provision of this Section for The3
consent of a parent, legal guardian, or custodian of a child under the age of seventeen4
to consent to the participation of the child in pornography involving juveniles for the5
purpose of photographing, videotaping, filming, or otherwise reproducing visually6
any sexual performance involving the child.7
B. For purposes of this Section, the following definitions shall apply:8
(1) "Access software provider" means a provider of software, including9
client or server software, or enabling tools that do any one or more of the following:10
(a) Filter, screen, allow, or disallow content.11
(b) Select, choose, analyze, or digest content.12
(c) Transmit, receive, display, forward, cache, search, organize, reorganize,13
or translate content.14
(2) "Cable operator" means any person or group of persons who provides15
cable service over a cable system and directly, or through one or more affiliates,16
owns a significant interest in such cable system, or who otherwise controls or is17
responsible for, through any arrangement, the management and operation of such a18
cable system.19
(3) "Distribute" means to issue, sell, give, provide, lend, mail, deliver,20
transfer, transmute, distribute, circulate, or disseminate by any means.21
(4) "Interactive computer service" means any information service, system,22
or access software provider that provides or enables computer access by multiple23
users to a computer server, including a service or system that provides access to the24
Internet and such systems operated or services offered by libraries or educational25
institutions.26
(5) "Pornography involving juveniles" is any photograph, videotape, film,27
or other reproduction, whether electronic or otherwise, of any sexual performance28
involving a child under the age of seventeen.29 ENROLLEDHB NO. 290
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(6) "Produce" means to photograph, videotape, film, or otherwise reproduce1
pornography involving juveniles, or to solicit, promote, or coerce any child for the2
purpose of pornography involving juveniles.3
(1)(7) "Sexual performance" means any performance or part thereof that4
includes sexual conduct involving a child under the age of seventeen actual or5
simulated sexual intercourse, deviate sexual intercourse, sexual bestiality,6
masturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.7
(8) "Telecommunications service" means the offering of telecommunications8
for a fee directly to the public, regardless of the facilities used.9
(2) "Performance" means any play, motion picture, photograph, dance, or10
other visual presentation.11
(3) "Sexual conduct" means actual or simulated sexual intercourse, deviate12
sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd13
exhibition of the genitals.14
(4) "Promote" means to procure, manufacture, issue, sell, give, provide, lend,15
mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, prevent,16
exhibit, or advertise, or to offer or agree to do the same.17
C.(1) Possession of three or more of the same photographs, images, films,18
videotapes, or other visual reproductions shall be prima facie evidence of intent to19
sell or distribute.20
(2) Possession of three or more photographs, images, films, videotapes, or21
other visual reproductions and possession of any type of file sharing technology or22
software shall be prima facie evidence of intent to sell or distribute.23
* * *24
E.(1) Whoever commits the crime of intentionally possesses pornography25
involving juveniles shall be fined not more than ten thousand dollars and shall be26
imprisoned at hard labor for not less than two years or more than ten years, without27
benefit of parole, probation, or suspension of sentence.28
(2) Whoever distributes or possesses with the intent to distribute29
pornography involving juveniles shall be fined not more than ten thousand dollars30 ENROLLEDHB NO. 290
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and shall be imprisoned at hard labor for not less than five years or more than ten1
years, without benefit of parole, probation, or suspension of sentence.2
(3) Any parent, legal guardian, or custodian of a child who consents to the3
participation of the child in pornography involving juveniles shall be fined not more4
than ten thousand dollars and be imprisoned at hard labor for not less than five years5
or more than twenty years, without benefit of probation, parole, or suspension of6
sentence.7
(4) Whoever engages in the production of pornography involving juveniles8
shall be fined not more than fifteen thousand dollars and be imprisoned at hard labor9
for not less than ten years or more than twenty years, without benefit of probation,10
parole, or suspension of sentence.11
(2)(5)(a) Whoever commits the crime of pornography involving juveniles by12
violating the provisions of Paragraph (A)(2) punishable by the provisions of13
Paragraphs (1), (2), or (3) of this Section Subsection on a when the victim is under14
the age of thirteen years when and the offender is seventeen years of age or older15
shall be punished by imprisonment at hard labor for not less than twenty-five years16
nor more than ninety-nine years one-half the longest term nor more than twice the17
longest term of imprisonment provided in Paragraphs (1), (2), and (3) of this18
Subsection. At least twenty-five years of the sentence imposed shall be served19
without benefit of parole, probation, or suspension of sentence. The sentence20
imposed shall be served without benefit of parole, probation, or suspension of21
sentence.22
(b) Whoever commits the crime of pornography involving juveniles23
punishable by the provisions of Paragraph (4) of this Subsection when the victim is24
under the age of thirteen years, and the offender is seventeen years of age or older,25
shall be punished by imprisonment at hard labor for not less than twenty-five years26
nor more than ninety-nine years. At least twenty-five years of the sentence imposed27
shall be served without benefit of parole, probation, or suspension of sentence.28
(3)(c) Upon completion of the term of imprisonment imposed in accordance29
with Paragraph (2) Subparagraphs (5)(a) and (5)(b) of this Subsection, the offender30 ENROLLEDHB NO. 290
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shall be monitored by the Department of Public Safety and Corrections through the1
use of electronic monitoring equipment for the remainder of his natural life.2
(4)(d) Unless it is determined by the Department of Public Safety and3
Corrections, pursuant to rules adopted in accordance with the provisions of this4
Subsection, that a sexual offender is unable to pay all or any portion of such costs,5
each sexual offender to be electronically monitored shall pay the cost of such6
monitoring.7
(5)(e) The costs attributable to the electronic monitoring of an offender who8
has been determined unable to pay shall be borne by the department if, and only to9
the degree that sufficient funds are made available for such purpose whether by10
appropriation of state funds or from any other source.11
(6)(f) The Department of Public Safety and Corrections shall develop, adopt,12
and promulgate rules in the manner provided in the Administrative Procedure Act,13
that provide for the payment of such costs. Such rules shall contain specific14
guidelines which shall be used to determine the ability of the offender to pay the15
required costs and shall establish the reasonable costs to be charged. Such rules may16
provide for a sliding scale of payment so that an offender who is able to pay a17
portion, but not all, of such costs may be required to pay such portion.18
* * *19
H. The provisions of this Section shall not apply to a provider of an20
interactive computer service, provider of a telecommunications service, or a cable21
operator as defined by the provisions of this Section.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: