HLS 12RS-984 ORIGINAL
Page 1 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 620
BY REPRESENTATIVE THIERRY
SEX OFFENSE/REGISTRY: Provides for the unlawful use of a social networking website
AN ACT1
To amend and reenact R.S. 14:91.5 and to enact R.S. 15:543.1(18), relative to the unlawful2
use of a social networking website; to provide relative to the crime of unlawful use3
of a social networking website; to provide for definitions; to remove the exception4
regarding permission by the court or the probation or parole officer; to provide notice5
of this crime to sex offenders; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:91.5 is hereby amended and reenacted to read as follows: 8
§91.5. Unlawful use or access of a social media networking website9
A. The following shall constitute unlawful use or access of a social media10
networking website:11
(1) The using or accessing intentional use of a social networking websites,12
chat rooms, and peer-to-peer networks website by a person who is required to13
register as a sex offender and who was previously convicted of R.S. 14:81 (indecent14
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.15
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)16
or was previously convicted of a sex offense as defined in R.S. 15:541 in which the17
victim of the sex offense was a minor.18
(2) The provisions of this Section shall also apply to any person previously19
convicted for an offense under the laws of another state, or military, territorial,20 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 2 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
foreign, tribal, or federal law which is equivalent to the offenses provided for in1
Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not2
obtained with sufficient safeguards for fundamental fairness and due process for the3
accused as provided by the federal guidelines adopted pursuant to the Adam Walsh4
Child Protection and Safety Act of 2006.5
B. The use or access of social media shall not be considered unlawful for6
purposes of this Section if the offender has permission to use or access social7
networking websites, chat rooms, or peer-to-peer networks from his probation or8
parole officer or the court of original jurisdiction.9
C. For purposes of this Section:10
(1) "Chat room" means any Internet website through which users have the11
ability to communicate via text and which allows messages to be visible to all other12
users or to a designated segment of all other users.13
(2)(1) "Minor" means a person under the age of eighteen years.14
(3) "Peer-to-peer network" means a connection of computer systems15
whereby files are shared directly between the systems on a network without the need16
of a central server.17
(4)(2)(a) "Social networking website" means an Internet website the primary18
purpose of which is facilitating social interaction with other users of the website and19
that has any all of the following capabilities:20
(a)(i) Allows users to create web pages or profiles about themselves that are21
available to the general public or to any other users.22
(b)(ii) Offers a mechanism for communication among users, such as a forum,23
chat room, electronic mail, or instant messaging users.24
(b) "Social networking website" shall not include any of the following:25
(i) An Internet website that provides only one of the following services:26
photo-sharing, electronic mail, or instant messenger.27 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 3 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(ii) An Internet website the primary purpose of which is the facilitation of1
commercial transactions involving goods or services between its members or2
visitors.3
(iii) An Internet website the primary purpose of which is the dissemination4
of news.5
(iv) An Internet website of a governmental entity.6
(3) "Use" shall mean to create a profile on a social networking website or to7
contact or attempt to contact other users of the social networking website.8
D.C.(1) Whoever commits the crime of unlawful use or access of a social9
media networking website shall, upon a first conviction, be fined not more than ten10
thousand dollars and shall be imprisoned with hard labor for not more than ten years11
without benefit of parole, probation, or suspension of sentence.12
(2) Whoever commits the crime of unlawful use or access of a social media13
networking website, upon a second or subsequent conviction, shall be fined not more14
than twenty thousand dollars and shall be imprisoned with hard labor for not less15
than five years nor more than twenty years without benefit of parole, probation, or16
suspension of sentence.17
Section 2. R.S. 15:543.1(18) is hereby enacted to read as follows:18
§543.1. Written notification by the courts; form to be used19
STATE V. ____________________ JUDICIAL DISTRICT COURT20
DOCKET # __________ PARISH OF ___________________21
DIVISION ______ STATE OF LOUISIANA22
Notification to Sex Offender23
In accordance with R.S. 15:543, this court has the duty to provide24
_______________________ (name of offender) with the information necessary for25
awareness of sex offender and child predator registration requirements.26
_______________________ has pled guilty to or been found guilty of a violation of27
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana28
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED29 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 4 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
that ___________________ must register for the period of ___________ from the1
date of his release from prison, being placed on parole, supervised release or2
probation, or from the date of his conviction, if the offender is not sentenced to a3
term of imprisonment or jail. Additionally, since _________________ (hereinafter4
referred to as offender) has been convicted of:5
( ) An aggravated offense as defined in R.S. 15:541, the offender must6
update his/her registration, in person, every ninety days from the date of initial7
registration, with the appropriate law enforcement agencies as provided in R.S.8
15:542.9
( ) A sexual offense involving a victim who is a minor as defined in R.S.10
15:541, the offender must update his/her registration, in person, every six months11
from the date of initial registration, with the appropriate law enforcement agencies12
as provided in R.S. 15:542.13
( ) An offense not defined in R.S. 15:541, as an aggravated offense or a14
sexual offense involving a victim who is a minor, the offender must update his/her15
registration, in person, annually from the date of initial registration, with the16
appropriate law enforcement agencies as provided in R.S. 15:542.17
Based on the foregoing you are hereby notified of the following:18
(1) The offender, within three (3) business days of establishing residence in19
Louisiana or if a current resident, within three (3) business days after conviction or20
adjudication if not immediately incarcerated or taken into custody, or within three21
(3) business days after release from confinement, shall obtain and provide the22
following information to each sheriff or police department in accordance with R.S.23
15:542(B) (except in Orleans Parish where registration shall take place with the New24
Orleans Police Department):25
(a) Name and any aliases used by the offender.26
(b) Physical address or addresses of residence.27
(c) Name and physical address of place of employment. If the offender does28
not have a fixed place of employment, the offender shall provide information with29 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 5 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
as much specificity as possible regarding the places where he works, including but1
not limited to travel routes used by the offender.2
(d) Name and physical address of the school in which he is a student.3
(e) Two forms of proof of residence for each residential address provided,4
including but not limited to a driver's license, bill for utility service, and bill for5
telephone service. If those forms of proof of residence are not available, the offender6
may provide an affidavit of an adult resident living at the same address. The7
affidavit shall certify that the affiant understands his obligation to provide written8
notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with9
whom the offender last registered when the offender no longer resides at the10
residence provided in the affidavit.11
(f) The crime for which he was convicted and the date and place of such12
conviction, and if known by the offender, the court in which the conviction was13
obtained, the docket number of the case, the specific statute under which he was14
convicted, and the sentence imposed.15
(g) A current photograph, fingerprints, palm prints, and a DNA sample.16
(h) Telephone numbers, including fixed location phone and mobile phone17
numbers assigned to the offender or associated with any residence address of the18
offender.19
(i) A description of every vehicle registered to or operated by the offender,20
including license plate number and a copy of the offender's driver's license or21
identification card.22
(j) Social security number and date of birth.23
(k) A description of the physical characteristics of the offender, including but24
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or25
other identifying marks on the body of the offender.26
(l) Every e-mail address, online screen name or other online identity used by27
the offender to communicate on the Internet.28 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 6 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(m) Temporary lodging information regarding any place where the offender1
plans to stay for seven or more days and the length of the stay.2
(n) Travel and immigration documents, including but not limited to passports3
and documents establishing immigration status.4
(2) The offender shall register with the sheriff and police chief in each of5
his/her residence(s) and with the sheriff of the parish in which the offender is6
employed and attends school and, for initial registration only, with the sheriff in the7
parish of the offender's conviction in accordance with R.S. 15:542. If the offender8
lives, works, or attends school in Orleans Parish, however, the offender shall register9
with the New Orleans Police Department and not with the sheriff of that parish.10
(3) If the offender is incarcerated as a result of the crime, the offender shall11
provide all information listed in Paragraph (1) of this Section to the Department of12
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within13
ten (10) days prior to release from confinement. The offender shall still appear in14
person at the sheriff's office within three (3) business days of release from15
confinement.16
(4) During the declaration of an emergency, any offender required to register17
who enters an emergency shelter shall, within the first twenty-four (24) hours of18
admittance, notify the management of the facility, the chief of police of the19
municipality, and the sheriff of the parish in which the shelter is located of his sex20
offender status in accordance with R.S. 15:543.2.21
(5) An offender required to register has a duty to provide notice of change22
of address or other registration information to the sheriff of the parish of residence23
within three business days. If the new or additional residence is located in a different24
parish, then offender must register with the sheriff of the parish in which the new or25
additional residence is located. The offender shall also send written notice within26
three business days of re-registering in the new parish to the sheriff of the parish of27
former registration in accordance with R.S. 15:542.1.2.28 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 7 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(6) The offender shall give notice of the crime for which he was convicted,1
his name, address, a physical description, and a photograph to the following in2
accordance with R.S. 15:542(B)(1):3
(a) At least one person in every residence or business within a one-mile4
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area5
of the address of the residence where the offender will reside upon release, including6
all adult residents of the residence of the offender.7
(b) The superintendent of the school district where the offender will reside.8
(c) The lessor, landlord, or owner of the residence or the property on which9
he resides.10
(d) The superintendent of the park, playground, and recreation districts11
within the designated area where the offender will reside only if the victim was under12
eighteen (18) years of age at the time of the commission of the offense.13
*Any person convicted of a violation of R.S. 14:89 shall not have to include14
a photograph in the notice described in Paragraph (b) of this Subsection.15
*Juveniles adjudicated for a crime requiring registration DO NOT have to16
provide this community notice.17
(7) In accordance with R.S. 15:542.1, community notification shall be given18
by mail within twenty-one days of the date of conviction, if the offender is not taken19
into custody at the time of conviction, and within twenty-one days of the date of20
release from confinement if sentenced to a term of imprisonment. This notification21
shall also occur within twenty-one days of each time the offender changes his22
residence within twenty-one days of establishing residency in the new locale. This23
notification shall also occur at least every five years, whether or not the offender24
changes residences. This notification shall occur in each jurisdiction in which the25
offender regularly resides.26
*Juveniles adjudicated for a crime requiring registration DO NOT have to27
provide this community notice.28 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 8 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(8) In accordance with R.S. 15:542.1, community notice shall be published1
on two (2) separate days within this period in the official journal of the governing2
authority of the parish where the offender plans to reside, unless ordered to be3
published in a different journal or newspaper by the sheriff or local ordinance.4
*Those convicted of R.S. 14:89 or 92(A)(7) are not required to publish notice5
in the newspaper or official journal as provided in Paragraph (8).6
*Juveniles who are adjudicated for a crime requiring registration DO NOT7
have to provide this community notice.8
(9) In accordance with R.S. 15:542.1(B), an offender who provides9
recreational instruction to persons under the age of seventeen (17) shall post a notice10
in the building or facility where such instruction is being given.11
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days12
prior to release from a correctional facility, provide a photograph and other relevant13
information noted above to the Department of Public Safety and Corrections and the14
office of juvenile justice for purposes of the State Sex Offender and Child Predator15
Registry.16
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of17
residence or establishes a new or additional residence, he shall appear in person at18
the office of the sheriff of his parish of residence where he is currently registered19
within three (3) business days of the change to register the new address. If the new20
address is located in a different parish, then the offender shall also appear in person21
at the office of the sheriff of his new parish of residence within the same time period.22
If the offender's parish of residence is in Orleans Parish, then the registration shall23
take place at the New Orleans Police Department and not with the Orleans Parish24
Sheriff.25
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his26
current address of registration for more than thirty (30) consecutive days or an27
aggregate of thirty (30) days or more in a calendar year, and is physically present at28
another address during that same period of time, the offender shall register in person29 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 9 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the new address as one of his addresses of residence. If the new address is in a1
parish different from his current address, he shall also register in person with the2
sheriff of the new parish within three (3) business days of the tolling of the time3
periods listed. This requirement notwithstanding, the offender shall still notify the4
sheriff of one of his parishes of residence in person if he is to take up temporary5
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded6
that the new registration shall occur.7
(13) The offender shall also appear in person at the office of the sheriff of8
any of his parishes of residence when there is a change in the offender's name, place9
of employment, or enrollment. This appearance shall occur within three (3) business10
days of the change. If the offender's address of residence is in Orleans Parish, this11
registration update shall take place at the New Orleans Police Department and not12
with the Orleans Parish Sheriff's Office.13
(14) The offender shall be prohibited from certain types of employment in14
accordance with R.S. 15:553 for the duration of the registration period. A copy of15
this statute is provided to you with this notification.16
(15) In accordance with R.S. 15:542(C), the offender shall update his17
registration annually on the anniversary of the initial registration by appearing in18
person at the office of each law enforcement agency with which he is required to19
register and shall pay an annual registration fee of sixty dollars ($60.00).20
(16) Failure to comply with any of these registration and notification21
requirements is a felony for which an offender shall be punished by a fine of up to22
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than23
two years nor more than ten years without benefit of parole, probation, or suspension24
of sentence. Upon a second or subsequent conviction, the offender shall be punished25
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor26
for not less than five years, nor more than twenty years without benefit of parole,27
probation, or suspension of sentence.28 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 10 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(17) For those offenders who have been convicted of a sex offense as defined1
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time2
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from3
residing or being present in certain locations. A copy of this statute is provided to4
you with this notification.5
(18) For those offenders who have been convicted of R.S. 14:81 (indecent6
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.7
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)8
or was convicted of a sex offense as defined in R.S. 15:541 in which the victim of9
the sex offense was a minor, R.S. 14:91.5 is applicable which prohibits such10
offenders from using certain social networking websites. A copy of this statute is11
provided to you with this notification.12
THUS DONE AND SIGNED this ____ day of _____________, 20___ in13
open court, in_____________, Louisiana.14
______________________________15
Judge, ____ Judicial District Court16
I hereby certify that the above requirements have been explained to me, that17
I have received a copy of the above notice of sex offender registration and18
notification requirements, and a copy of the statutes providing for such requirements.19
I also understand that I will be subject to any changes made by the legislature to the20
registration laws from this day forward.21
____________________________22
(Name of Sex Offender)23
____________________________24
Defense Counsel Signature25 HLS 12RS-984 ORIGINAL
HB NO. 620
Page 11 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Thierry HB No. 620
Abstract: Redefines the crime of unlawful use of social media by certain sex offenders, and
provides for the offense of unlawful use of a social networking website.
Present law criminalizes the use or access of social networking websites, chat rooms, and
peer-to-peer networks by certain sex offenders who are required to comply with the sex
offender registration and notification provisions.
Present law provides for an exception if the offender has permission from his probation or
parole officer or the court of original jurisdiction to use or access these social networking
websites, chat rooms, or peer-to-peer networks.
Present law provides for a definition of "chat room" and "peer-to-peer network" and provides
that "social networking website" means an Internet website that has any of the following
capabilities:
(1) Allows users to create web pages or profiles about themselves that are available to
the general public or to any other users.
(2) Offers a mechanism for communication among users, such as a forum, chat room,
electronic mail, or instant messaging.
Proposed law amends present law and provides that it shall be unlawful for certain sex
offenders who are required to register as a sex offender to "use" social networking websites
and repeals the present law prohibition on the use or access of chat rooms or peer-to-peer
networks.
Proposed law removes the present law provision which allows the sex offender to get
permission to use social networking websites from his probation or parole officer or the
court of original jurisdiction.
Proposed law removes the definition of "chat room" and "peer-to-peer network" and amends
the definition of "social networking website" as follows:
(1)Provides that a "social networking website" shall only include those Internet
websites the primary purpose of which is facilitating social interaction with other
users of the website and which allows users to create web pages or profiles about
themselves that are available to the public or other users and offers a mechanism for
communication among users.
(2)Provides that "social networking website" shall not include an Internet website the
primary purpose of which is facilitation of commercial transactions or the
dissemination of news, or which provides only one of the following services: photo-
sharing, electronic mail, or instant messenger.
Proposed law provides notice of this crime to sex offenders.
(Amends R.S. 14:91.5; Adds R.S. 15:543.1(18))