HLS 12RS-984 REENGROSSED
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 REPRESENTATIVES THIERRY, ADAMS, BADON, BROWN, BURRELL,
GUILLORY, HAZEL, HODGES, HONORE, HOWARD, TERRY LANDRY,
MACK, MORENO, AND PYLANT
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 R.S. 15:543.1, relative to the unlawful use of a2
social networking website; to provide relative to the crime of unlawful use of a social3
networking website; to provide for definitions; to remove the exception regarding4
permission by the court or the probation or parole officer; to provide notice of this5
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
foreign, tribal, or federal law which is equivalent to the offenses provided for in21 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 2 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not1
obtained with sufficient safeguards for fundamental fairness and due process for the2
accused as provided by the federal guidelines adopted pursuant to the Adam Walsh3
Child Protection and Safety Act of 2006.4
B. The use or access of social media shall not be considered unlawful for5
purposes of this Section if the offender has permission to use or access social6
networking websites, chat rooms, or peer-to-peer networks from his probation or7
parole officer or the court of original jurisdiction.8
C. For purposes of this Section:9
(1) "Chat room" means any Internet website through which users have the10
ability to communicate via text and which allows messages to be visible to all other11
users or to a designated segment of all other users.12
(2)(1) "Minor" means a person under the age of eighteen years.13
(3) "Peer-to-peer network" means a connection of computer systems14
whereby files are shared directly between the systems on a network without the need15
of a central server.16
(4)(2)(a) "Social networking website" means an Internet website , the primary17
purpose of which is facilitating social interaction with other users of the website and18
that has any all of the following capabilities:19
(a)(i) Allows users to create web pages or profiles about themselves that are20
available to the general public or to any other users.21
(b)(ii) Offers a mechanism for communication among users, such as a forum,22
chat room, electronic mail, or instant messaging users.23
(b) "Social networking website" shall not include any of the following:24
(i) An Internet website that provides only one of the following services:25
photo-sharing, electronic mail, or instant messenger.26
(ii) An Internet website the primary purpose of which is the facilitation of27
commercial transactions involving goods or services between its members or28
visitors.29 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 3 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(iii) An Internet website the primary purpose of which is the dissemination1
of news.2
(iv) An Internet website of a governmental entity.3
(3) "Use" shall mean to create a profile on a social networking website or to4
contact or attempt to contact other users of the social networking website.5
D.C.(1) Whoever commits the crime of unlawful use or access of a social6
media networking website shall, upon a first conviction, be fined not more than ten7
thousand dollars and shall be imprisoned with hard labor for not more than ten years8
without benefit of parole, probation, or suspension of sentence.9
(2) Whoever commits the crime of unlawful use or access of a social media10
networking website, upon a second or subsequent conviction, shall be fined not more11
than twenty thousand dollars and shall be imprisoned with hard labor for not less12
than five years nor more than twenty years without benefit of parole, probation, or13
suspension of sentence.14
Section 2. R.S. 15:543.1 is hereby amended and reenacted to read as follows:15
§543.1. Written notification by the courts; form to be used16
STATE V. ____________________ JUDICIAL DISTRICT COURT17
DOCKET # __________ PARISH OF ___________________18
DIVISION ______ STATE OF LOUISIANA19
Notification to Sex Offender20
In accordance with R.S. 15:543, this court has the duty to provide21
_______________________ (name of offender) with the information necessary for22
awareness of sex offender and child predator registration requirements.23
_______________________ has pled guilty to or been found guilty of a violation of24
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana25
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED26
that ___________________ must register for the period of ___________ from the27
date of his release from prison, from the date of his being placed on parole,28
supervised release or probation, or from the date of his conviction, if the offender is29 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 4 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
not sentenced to a term of imprisonment or jail. Additionally, since1
_________________ (hereinafter referred to as offender) has been convicted of:2
( ) An aggravated offense as defined in R.S. 15:541, the offender must3
update his/her registration, in person, every ninety days from the date of initial4
registration, with the appropriate law enforcement agencies as provided in R.S.5
15:542.6
( ) A sexual offense involving a victim who is a minor as defined in R.S.7
15:541, the offender must update his/her registration, in person, every six months8
from the date of initial registration, with the appropriate law enforcement agencies9
as provided in R.S. 15:542.10
( ) An offense not defined in R.S. 15:541, as an aggravated offense or a11
sexual offense involving a victim who is a minor, the offender must update his/her12
registration, in person, annually from the date of initial registration, with the13
appropriate law enforcement agencies as provided in R.S. 15:542.14
Based on the foregoing you are hereby notified of the following:15
(1) The offender, within three (3) business days of establishing residence in16
Louisiana or if a current resident, within three (3) business days after conviction or17
adjudication if not immediately incarcerated or taken into custody, or within three18
(3) business days after release from confinement, shall obtain and provide the19
following information to each sheriff or police department in accordance with R.S.20
15:542(B) (except in Orleans Parish where registration shall take place with the New21
Orleans Police Department):22
(a) Name and any aliases used by the offender.23
(b) Physical address or addresses of residence.24
(c) Name and physical address of place of employment. If the offender does25
not have a fixed place of employment, the offender shall provide information with26
as much specificity as possible regarding the places where he works, including but27
not limited to travel routes used by the offender.28
(d) Name and physical address of the school in which he is a student.29 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 5 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(e) Two forms of proof of residence for each residential address provided,1
including but not limited to a driver's license, bill for utility service, and bill for2
telephone service. If those forms of proof of residence are not available, the offender3
may provide an affidavit of an adult resident living at the same address. The4
affidavit shall certify that the affiant understands his obligation to provide written5
notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with6
whom the offender last registered when the offender no longer resides at the7
residence provided in the affidavit.8
(f) The crime for which he was convicted and the date and place of such9
conviction, and if known by the offender, the court in which the conviction was10
obtained, the docket number of the case, the specific statute under which he was11
convicted, and the sentence imposed.12
(g) A current photograph, fingerprints, palm prints, and a DNA sample.13
(h) Telephone numbers, including fixed location phone and mobile phone14
numbers assigned to the offender or associated with any residence address of the15
offender.16
(i) A description of every vehicle registered to or operated by the offender,17
including license plate number and a copy of the offender's driver's license or18
identification card.19
(j) Social security number and date of birth.20
(k) A description of the physical characteristics of the offender, including but21
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or22
other identifying marks on the body of the offender.23
(l) Every e-mail address, online screen name or other online identity used by24
the offender to communicate on the Internet.25
(m) Temporary lodging information regarding any place where the offender26
plans to stay for seven or more days and the length of the stay.27
(n) Travel and immigration documents, including but not limited to passports28
and documents establishing immigration status.29 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 6 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The offender shall register with the sheriff and police chief in each of1
his/her residence(s) and with the sheriff of the parish in which the offender is2
employed and attends school and, for initial registration only, with the sheriff in the3
parish of the offender's conviction in accordance with R.S. 15:542. If the offender4
lives, works, or attends school in Orleans Parish, however, the offender shall register5
with the New Orleans Police Department and not with the sheriff of that parish.6
(3) If the offender is incarcerated as a result of the crime, the offender shall7
provide all information listed in Paragraph (1) of this Section to the Department of8
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within9
ten (10) days prior to release from confinement. The offender shall still appear in10
person at the sheriff's office within three (3) business days of release from11
confinement.12
(4) During the declaration of an emergency, any offender required to register13
who enters an emergency shelter shall, within the first twenty-four (24) hours of14
admittance, notify the management of the facility, the chief of police of the15
municipality, and the sheriff of the parish in which the shelter is located of his sex16
offender status in accordance with R.S. 15:543.2.17
(5) An offender required to register has a duty to provide notice of change18
of address or other registration information to the sheriff of the parish of residence19
within three business days. If the new or additional residence is located in a different20
parish, then offender must register with the sheriff of the parish in which the new or21
additional residence is located. The offender shall also send written notice within22
three business days of re-registering in the new parish to the sheriff of the parish of23
former registration in accordance with R.S. 15:542.1.2.24
(6) The offender shall give notice of the crime for which he was convicted,25
his name, address, a physical description, and a photograph to the following in26
accordance with R.S. 15:542(B)(1):27
(a) At least one person in every residence or business within a one-mile28
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area29 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 7 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
of the address of the residence where the offender will reside upon release, including1
all adult residents of the residence of the offender.2
(b) The superintendent of the school district where the offender will reside.3
(c) The lessor, landlord, or owner of the residence or the property on which4
he resides.5
(d) The superintendent of the park, playground, and recreation districts6
within the designated area where the offender will reside only if the victim was under7
eighteen (18) years of age at the time of the commission of the offense.8
*Any person convicted of a violation of R.S. 14:89 shall not have to include9
a photograph in the notice described in Paragraph (b) of this Subsection.10
*Juveniles adjudicated for a crime requiring registration DO NOT have to11
provide this community notice.12
(7) In accordance with R.S. 15:542.1, community notification shall be given13
by mail within twenty-one days of the date of conviction, if the offender is not taken14
into custody at the time of conviction, and within twenty-one days of the date of15
release from confinement if sentenced to a term of imprisonment. This notification16
shall also occur within twenty-one days of each time the offender changes his17
residence within twenty-one days of establishing residency in the new locale. This18
notification shall also occur at least every five years, whether or not the offender19
changes residences. This notification shall occur in each jurisdiction in which the20
offender regularly resides.21
*Juveniles adjudicated for a crime requiring registration DO NOT have to22
provide this community notice.23
(8) In accordance with R.S. 15:542.1, community notice shall be published24
on two (2) separate days within this period in the official journal of the governing25
authority of the parish where the offender plans to reside, unless ordered to be26
published in a different journal or newspaper by the sheriff or local ordinance.27
*Those convicted of R.S. 14:89 or 92(A)(7) are not required to publish notice28
in the newspaper or official journal as provided in Paragraph (8).29 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 8 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
*Juveniles who are adjudicated for a crime requiring registration DO NOT1
have to provide this community notice.2
(9) In accordance with R.S. 15:542.1(B), an offender who provides3
recreational instruction to persons under the age of seventeen (17) shall post a notice4
in the building or facility where such instruction is being given.5
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days6
prior to release from a correctional facility, provide a photograph and other relevant7
information noted above to the Department of Public Safety and Corrections and ,8
or if a juvenile, to the office of juvenile justice for purposes of the State Sex9
Offender and Child Predator Registry.10
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of11
residence or establishes a new or additional residence, he shall appear in person at12
the office of the sheriff of his parish of residence where he is currently registered13
within three (3) business days of the change to register the new address. If the new14
address is located in a different parish, then the offender shall also appear in person15
at the office of the sheriff of his new parish of residence within the same time period.16
If the offender's parish of residence is in Orleans Parish, then the registration shall17
take place at the New Orleans Police Department and not with the Orleans Parish18
Sheriff.19
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his20
current address of registration for more than thirty (30) consecutive days or an21
aggregate of thirty (30) days or more in a calendar year, and is physically present at22
another address during that same period of time, the offender shall register in person23
the new address as one of his addresses of residence. If the new address is in a24
parish different from his current address, he shall also register in person with the25
sheriff of the new parish within three (3) business days of the tolling of the time26
periods listed. This requirement notwithstanding, the offender shall still notify the27
sheriff of one of his parishes of residence in person if he is to take up temporary28 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 9 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded1
that the new registration shall occur.2
(13) The offender shall also appear in person at the office of the sheriff of3
any of his parishes of residence when there is a change in the offender's name, place4
of employment, or enrollment. This appearance shall occur within three (3) business5
days of the change. If the offender's address of residence is in Orleans Parish, this6
registration update shall take place at the New Orleans Police Department and not7
with the Orleans Parish Sheriff's Office.8
(14) The offender shall be prohibited from certain types of employment in9
accordance with R.S. 15:553 for the duration of the registration period. A copy of10
this statute is provided to you with this notification.11
(15) In accordance with R.S. 15:542(C), the offender shall update his12
registration annually on the anniversary of the initial registration by appearing in13
person at the office of each law enforcement agency with which he is required to14
register and shall pay an annual registration fee of sixty dollars ($60.00).15
(16) Failure to comply with any of these registration and notification16
requirements is a felony for which an offender shall be punished by a fine of up to17
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than18
two years nor more than ten years without benefit of parole, probation, or suspension19
of sentence. Upon a second or subsequent conviction, the offender shall be punished20
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor21
for not less than five years, nor more than twenty years without benefit of parole,22
probation, or suspension of sentence.23
(17) For those offenders who have been convicted of a sex offense as defined24
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time25
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from26
residing or being present in certain locations. A copy of this statute is provided to27
you with this notification.28 HLS 12RS-984 REENGROSSED
HB NO. 620
Page 10 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(18) For those offenders who have been convicted of R.S. 14:81 (indecent1
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.2
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)3
or have been convicted of a sex offense as defined in R.S. 15:541 in which the victim4
of the sex offense was a minor, R.S. 14:91.5, which prohibits such offenders from5
using certain social networking websites, is applicable. A copy of this statute is6
provided to you with this notification.7
THUS DONE AND SIGNED this ____ day of _____________, 20___ in8
open court, in_____________, Louisiana.9
______________________________10
Judge, ____ Judicial District Court11
I hereby certify that the above requirements have been explained to me, that12
I have received a copy of the above notice of sex offender registration and13
notification requirements, and a copy of the statutes providing for such requirements.14
I also understand that I will be subject to any changes made by the legislature to the15
registration laws from this day forward.16
____________________________17
(Name of Sex Offender)18
____________________________19
Defense Counsel Signature20
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. HLS 12RS-984 REENGROSSED
HB NO. 620
Page 11 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 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 and R.S. 15:543.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted the word "previously" from provisions referencing the convictions of the
sexual offender to whom proposed law applies.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical correction to the title.
2. Made technical changes to the sex offender notification form used by courts.