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ACT No. 26
Regular Session, 2011
HOUSE BILL NO. 55
BY REPRESENTATIVES THIERRY, ARNOLD, BILLIOT, HENRY BURNS, TIM
BURNS, CARMODY, CARTER, CHANEY, CONNICK, EDWARDS, GREENE,
GUINN, HAZEL, HENRY, HOFFMANN, HOWARD, HUTTER, KATZ,
LANDRY, LEBAS, MORENO, PONTI, POPE, RICHARD, RICHARDSON, ROY,
SEABAUGH, GARY SMITH, JANE SMITH, ST. GERMAIN, THIBAUT, AND
WILLIAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 14:91.5, relative to sex offenders; to create the crime of unlawful use or access2
of social media; to prohibit certain convicted sex offenders from using or accessing3
social networking websites, chat rooms, and peer-to-peer networks; to provide for4
definitions; to provide for penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:91.5 is hereby enacted to read as follows: 7
ยง91.5. Unlawful use or access of social media8
A. The following shall constitute unlawful use or access of social media:9
(1) The using or accessing of social networking websites, chat rooms, and10
peer-to-peer networks by a person who is required to register as a sex offender and11
who was previously convicted of R.S. 14:81 (indecent behavior with juveniles), R.S.12
14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-aided solicitation13
of a minor), or R.S. 14:283 (video voyeurism) or was previously convicted of a sex14
offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor.15
(2) The provisions of this Section shall also apply to any person previously16
convicted for an offense under the laws of another state, or military, territorial,17
foreign, tribal, or federal law which is equivalent to the offenses provided for in18
Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not19
obtained with sufficient safeguards for fundamental fairness and due process for the20 ENROLLEDHB NO. 55
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accused as provided by the federal guidelines adopted pursuant to the Adam Walsh1
Child Protection and Safety Act of 2006.2
B. The use or access of social media shall not be considered unlawful for3
purposes of this Section if the offender has permission to use or access social4
networking websites, chat rooms, or peer-to-peer networks from his probation or5
parole officer or the court of original jurisdiction.6
C. For purposes of this Section:7
(1) "Chat room" means any Internet website through which users have the8
ability to communicate via text and which allows messages to be visible to all other9
users or to a designated segment of all other users.10
(2) "Minor" means a person under the age of eighteen years.11
(3) "Peer-to-peer network" means a connection of computer systems12
whereby files are shared directly between the systems on a network without the need13
of a central server.14
(4) "Social networking website" means an Internet website that has any of15
the following capabilities:16
(a) Allows users to create web pages or profiles about themselves that are17
available to the general public or to any other users.18
(b) Offers a mechanism for communication among users, such as a forum,19
chat room, electronic mail, or instant messaging.20
D.(1) Whoever commits the crime of unlawful use or access of social media21
shall, upon a first conviction, be fined not more than ten thousand dollars and shall22
be imprisoned with hard labor for not more than ten years without benefit of parole,23
probation, or suspension of sentence.24
(2) Whoever commits the crime of unlawful use or access of social media,25
upon a second or subsequent conviction, shall be fined not more than twenty 26 ENROLLEDHB NO. 55
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thousand dollars and shall be imprisoned with hard labor for not less than five years1
nor more than twenty years without benefit of parole, probation, or suspension of2
sentence.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: