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ACT No. 205
Regular Session, 2012
HOUSE BILL NO. 620
BY REPRESENTATIVES THIERRY, ADAMS, BADON, BARROW, BROWN,
BURRELL, GUILLORY, HAZEL, HODGES, HONORE, HOWARD, TERRY
LANDRY, MACK, MORENO, NORTON, PYLANT, SMITH, AND ST.
GERMAIN AND SENATORS DORSEY-COLOMB AND MILLS
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
Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not22
obtained with sufficient safeguards for fundamental fairness and due process for the23 ENROLLEDHB NO. 620
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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)(1) "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)(2)(a) "Social networking website" means an Internet website , the primary15
purpose of which is facilitating social interaction with other users of the website and16
that has any all of the following capabilities:17
(a)(i) Allows users to create web pages or profiles about themselves that are18
available to the general public or to any other users.19
(b)(ii) Offers a mechanism for communication among users, such as a forum,20
chat room, electronic mail, or instant messaging users.21
(b) "Social networking website" shall not include any of the following:22
(i) An Internet website that provides only one of the following services:23
photo-sharing, electronic mail, or instant messenging.24
(ii) An Internet website the primary purpose of which is the facilitation of25
commercial transactions involving goods or services between its members or26
visitors.27
(iii) An Internet website the primary purpose of which is the dissemination28
of news.29
(iv) An Internet website of a governmental entity.30 ENROLLEDHB NO. 620
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(3) "Use" shall mean to create a profile on a social networking website or to1
contact or attempt to contact other users of the social networking website.2
D.C.(1) Whoever commits the crime of unlawful use or access of a social3
media networking website shall, upon a first conviction, be fined not more than ten4
thousand dollars and shall be imprisoned with hard labor for not more than ten years5
without benefit of parole, probation, or suspension of sentence.6
(2) Whoever commits the crime of unlawful use or access of a social media7
networking website, upon a second or subsequent conviction, shall be fined not more8
than twenty thousand dollars and shall be imprisoned with hard labor for not less9
than five years nor more than twenty years without benefit of parole, probation, or10
suspension of sentence.11
Section 2. R.S. 15:543.1 is hereby amended and reenacted to read as follows:12
§543.1. Written notification by the courts; form to be used13
STATE V. ____________________ JUDICIAL DISTRICT COURT14
DOCKET # __________ PARISH OF ___________________15
DIVISION ______ STATE OF LOUISIANA16
Notification to Sex Offender17
In accordance with R.S. 15:543, this court has the duty to provide18
_______________________ (name of offender) with the information necessary for19
awareness of sex offender and child predator registration requirements.20
_______________________ has pled guilty to or been found guilty of a violation of21
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana22
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED23
that ___________________ must register for the period of ___________ from the24
date of his release from prison, from the date of his being placed on parole,25
supervised release or probation, or from the date of his conviction, if the offender is26
not sentenced to a term of imprisonment or jail. Additionally, since27
_________________ (hereinafter referred to as offender) has been convicted of:28
( ) An aggravated offense as defined in R.S. 15:541, the offender must29
update his/her registration, in person, every ninety days from the date of initial30 ENROLLEDHB NO. 620
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registration, with the appropriate law enforcement agencies as provided in R.S.1
15:542.2
( ) A sexual offense involving a victim who is a minor as defined in R.S.3
15:541, the offender must update his/her registration, in person, every six months4
from the date of initial registration, with the appropriate law enforcement agencies5
as provided in R.S. 15:542.6
( ) An offense not defined in R.S. 15:541, as an aggravated offense or a7
sexual offense involving a victim who is a minor, the offender must update his/her8
registration, in person, annually from the date of initial registration, with the9
appropriate law enforcement agencies as provided in R.S. 15:542.10
Based on the foregoing you are hereby notified of the following:11
(1) The offender, within three (3) business days of establishing residence in12
Louisiana or if a current resident, within three (3) business days after conviction or13
adjudication if not immediately incarcerated or taken into custody, or within three14
(3) business days after release from confinement, shall obtain and provide the15
following information to each sheriff or police department in accordance with R.S.16
15:542(B) (except in Orleans Parish where registration shall take place with the New17
Orleans Police Department):18
(a) Name and any aliases used by the offender.19
(b) Physical address or addresses of residence.20
(c) Name and physical address of place of employment. If the offender does21
not have a fixed place of employment, the offender shall provide information with22
as much specificity as possible regarding the places where he works, including but23
not limited to travel routes used by the offender.24
(d) Name and physical address of the school in which he is a student.25
(e) Two forms of proof of residence for each residential address provided,26
including but not limited to a driver's license, bill for utility service, and bill for27
telephone service. If those forms of proof of residence are not available, the offender28
may provide an affidavit of an adult resident living at the same address. The29
affidavit shall certify that the affiant understands his obligation to provide written30 ENROLLEDHB NO. 620
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notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with1
whom the offender last registered when the offender no longer resides at the2
residence provided in the affidavit.3
(f) The crime for which he was convicted and the date and place of such4
conviction, and if known by the offender, the court in which the conviction was5
obtained, the docket number of the case, the specific statute under which he was6
convicted, and the sentence imposed.7
(g) A current photograph, fingerprints, palm prints, and a DNA sample.8
(h) Telephone numbers, including fixed location phone and mobile phone9
numbers assigned to the offender or associated with any residence address of the10
offender.11
(i) A description of every vehicle registered to or operated by the offender,12
including license plate number and a copy of the offender's driver's license or13
identification card.14
(j) Social security number and date of birth.15
(k) A description of the physical characteristics of the offender, including but16
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or17
other identifying marks on the body of the offender.18
(l) Every e-mail address, online screen name or other online identity used by19
the offender to communicate on the Internet.20
(m) Temporary lodging information regarding any place where the offender21
plans to stay for seven or more days and the length of the stay.22
(n) Travel and immigration documents, including but not limited to passports23
and documents establishing immigration status.24
(2) The offender shall register with the sheriff and police chief in each of25
his/her residence(s) and with the sheriff of the parish in which the offender is26
employed and attends school and, for initial registration only, with the sheriff in the27
parish of the offender's conviction in accordance with R.S. 15:542. If the offender28
lives, works, or attends school in Orleans Parish, however, the offender shall register29
with the New Orleans Police Department and not with the sheriff of that parish.30 ENROLLEDHB NO. 620
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(3) If the offender is incarcerated as a result of the crime, the offender shall1
provide all information listed in Paragraph (1) of this Section to the Department of2
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within3
ten (10) days prior to release from confinement. The offender shall still appear in4
person at the sheriff's office within three (3) business days of release from5
confinement.6
(4) During the declaration of an emergency, any offender required to register7
who enters an emergency shelter shall, within the first twenty-four (24) hours of8
admittance, notify the management of the facility, the chief of police of the9
municipality, and the sheriff of the parish in which the shelter is located of his sex10
offender status in accordance with R.S. 15:543.2.11
(5) An offender required to register has a duty to provide notice of change12
of address or other registration information to the sheriff of the parish of residence13
within three business days. If the new or additional residence is located in a different14
parish, then offender must register with the sheriff of the parish in which the new or15
additional residence is located. The offender shall also send written notice within16
three business days of re-registering in the new parish to the sheriff of the parish of17
former registration in accordance with R.S. 15:542.1.2.18
(6) The offender shall give notice of the crime for which he was convicted,19
his name, address, a physical description, and a photograph to the following in20
accordance with R.S. 15:542(B)(1):21
(a) At least one person in every residence or business within a one-mile22
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area23
of the address of the residence where the offender will reside upon release, including24
all adult residents of the residence of the offender.25
(b) The superintendent of the school district where the offender will reside.26
(c) The lessor, landlord, or owner of the residence or the property on which27
he resides.28 ENROLLEDHB NO. 620
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(d) The superintendent of the park, playground, and recreation districts1
within the designated area where the offender will reside only if the victim was under2
eighteen (18) years of age at the time of the commission of the offense.3
*Any person convicted of a violation of R.S. 14:89 shall not have to include4
a photograph in the notice described in Paragraph (b) (6) of this Subsection.5
*Juveniles adjudicated for a crime requiring registration DO NOT have to6
provide this community notice.7
(7) In accordance with R.S. 15:542.1, community notification shall be given8
by mail within twenty-one days of the date of conviction, if the offender is not taken9
into custody at the time of conviction, and within twenty-o ne days of the date of10
release from confinement if sentenced to a term of imprisonment. This notification11
shall also occur within twenty-one days of each time the offender changes his12
residence within twenty-one days of establishing residency in the new locale. This13
notification shall also occur at least every five years, whether or not the offender14
changes residences. This notification shall occur in each jurisdiction in which the15
offender regularly resides.16
*Juveniles adjudicated for a crime requiring registration DO NOT have to17
provide this community notice.18
(8) In accordance with R.S. 15:542.1, community notice shall be published19
on two (2) separate days within this period in the official journal of the governing20
authority of the parish where the offender plans to reside, unless ordered to be21
published in a different journal or newspaper by the sheriff or local ordinance.22
*Those convicted of R.S. 14:89 or 92(A)(7) are not required to publish notice23
in the newspaper or official journal as provided in Paragraph (8).24
*Juveniles who are adjudicated for a crime requiring registration DO NOT25
have to provide this community notice.26
(9) In accordance with R.S. 15:542.1(B), an offender who provides27
recreational instruction to persons under the age of seventeen (17) shall post a notice28
in the building or facility where such instruction is being given.29 ENROLLEDHB NO. 620
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(10) In accordance with R.S. 15:543, an offender must, within ten (10) days1
prior to release from a correctional facility, provide a photograph and other relevant2
information noted above to the Department of Public Safety and Corrections and ,3
or if a juvenile, to the office of juvenile justice for purposes of the State Sex4
Offender and Child Predator Registry.5
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of6
residence or establishes a new or additional residence, he shall appear in person at7
the office of the sheriff of his parish of residence where he is currently registered8
within three (3) business days of the change to register the new address. If the new9
address is located in a different parish, then the offender shall also appear in person10
at the office of the sheriff of his new parish of residence within the same time period.11
If the offender's parish of residence is in Orleans Parish, then the registration shall12
take place at the New Orleans Police Department and not with the Orleans Parish13
Sheriff.14
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his15
current address of registration for more than thirty (30) consecutive days or an16
aggregate of thirty (30) days or more in a calendar year, and is physically present at17
another address during that same period of time, the offender shall register in person18
the new address as one of his addresses of residence. If the new address is in a19
parish different from his current address, he shall also register in person with the20
sheriff of the new parish within three (3) business days of the tolling of the time21
periods listed. This requirement notwithstanding, the offender shall still notify the22
sheriff of one of his parishes of residence in person if he is to take up temporary23
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded24
that the new registration shall occur.25
(13) The offender shall also appear in person at the office of the sheriff of26
any of his parishes of residence when there is a change in the offender's name, place27
of employment, or enrollment. This appearance shall occur within three (3) business28
days of the change. If the offender's address of residence is in Orleans Parish, this29 ENROLLEDHB NO. 620
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registration update shall take place at the New Orleans Police Department and not1
with the Orleans Parish Sheriff's Office.2
(14) The offender shall be prohibited from certain types of employment in3
accordance with R.S. 15:553 for the duration of the registration period. A copy of4
this statute is provided to you with this notification.5
(15) In accordance with R.S. 15:542(C), the offender shall update his6
registration annually on the anniversary of the initial registration by appearing in7
person at the office of each law enforcement agency with which he is required to8
register and shall pay an annual registration fee of sixty dollars ($60.00).9
(16) Failure to comply with any of these registration and notification10
requirements is a felony for which an offender shall be punished by a fine of up to11
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than12
two years nor more than ten years without benefit of parole, probation, or suspension13
of sentence. Upon a second or subsequent conviction, the offender shall be punished14
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor15
for not less than five years, nor more than twenty years without benefit of parole,16
probation, or suspension of sentence.17
(17) For those offenders who have been convicted of a sex offense as defined18
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time19
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from20
residing or being present in certain locations. A copy of this statute is provided to21
you with this notification.22
(18) For those offenders who have been convicted of R.S. 14:81 (indecent23
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.24
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)25
or have been convicted of a sex offense as defined in R.S. 15:541 in which the victim26
of the sex offense was a minor, R.S. 14:91.5, which prohibits such offenders from27
using certain social networking websites, is applicable. A copy of this statute is28
provided to you with this notification.29 ENROLLEDHB NO. 620
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THUS DONE AND SIGNED this ____ day of _____________, 20___ in1
open court, in_____________, Louisiana.2
______________________________3
Judge, ____ Judicial District Court4
I hereby certify that the above requirements have been explained to me, that5
I have received a copy of the above notice of sex offender registration and6
notification requirements, and a copy of the statutes providing for such requirements.7
I also understand that I will be subject to any changes made by the legislature to the8
registration laws from this day forward.9
____________________________10
(Name of Sex Offender)11
____________________________12
Defense Counsel Signature13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: