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Regular Session, 2012
SENATE BILL NO. 442
BY SENATOR MORRELL
CRIME/PUNISHMENT. Provides relative to the crime of unlawful use of social media.
(gov sig)
AN ACT1
To amend and reenact R.S. 14:91.5 and to enact R.S. 15:543.1(18), relative to the crime of2
unlawful use of social media; to amend the crime of unlawful use of social media to3
the crime of unlawful use of a social networking website; to provide for definitions;4
to remove the exception allowing the use of social media by certain registered sex5
offenders under certain circumstances; to provide relative to notice of this crime to6
offenders; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:91.5 is hereby amended and reenacted to read as follows: 9
§91.5. Unlawful use or access of a social media networking website10
A. The following shall constitute unlawful use or access of a social media11
networking website:12
(1) The using or accessing intentional use of a social networking websites,13
chat rooms, and peer-to-peer networks website by a person who is required to14
register as a sex offender and who was previously convicted of R.S. 14:81 (indecent15
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.16
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)17 SB NO. 442
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or was previously convicted of a sex offense as defined in R.S. 15:541 in which the1
victim of the sex offense was a minor.2
(2) The provisions of this Section shall also apply to any person previously3
convicted for an offense under the laws of another state, or military, territorial,4
foreign, tribal, or federal law which that is equivalent to the offenses provided for5
in Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was6
not obtained with sufficient safeguards for fundamental fairness and due process for7
the accused as provided by the federal guidelines adopted pursuant to the Adam8
Walsh Child Protection and Safety Act of 2006.9
B. The use or access of social media shall not be considered unlawful for10
purposes of this Section if the offender has permission to use or access social11
networking websites, chat rooms, or peer-to-peer networks from his probation or12
parole officer or the court of original jurisdiction.13
C. B. For purposes of this Section:14
(1) "Chat room" means any Internet website through which users have the15
ability to communicate via text and which allows messages to be visible to all other16
users or to a designated segment of all other users.17
(2) (1) "Minor" means a person under the age of eighteen years.18
(3) "Peer-to-peer network" means a connection of computer systems19
whereby files are shared directly between the systems on a network without the need20
of a central server.21
(4) (2)(a) "Social networking website" means an Internet website the22
primary purpose of which is facilitating social interaction with other users of23
the website and that has any both of the following capabilities:24
(a) (i) Allows users to create web pages or profiles about themselves that are25
available to the general public or to any other users.26
(b) (ii) Offers a mechanism for communication among users, such as a27
forum, chat room, electronic mail, or instant messaging users.28
(b) "Social networking website" shall not include the following:29 SB NO. 442
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(i) An Internet website that provides only one of the following services:1
photo-sharing, electronic mail, or instant messenger.2
(ii) An Internet website the primary purpose of which is the facilitation3
of commercial transactions involving goods or services between its members or4
visitors.5
(iii) An Internet website the primary purpose of which is the6
dissemination of news.7
(iv) An Internet website of a governmental entity.8
(3) "Use" means to create a profile on a social networking website or to9
contact or attempt to contact other users of a social networking website.10
D. C. (1) Whoever commits the crime of unlawful use or access of a social11
media networking website shall, upon a first conviction, be fined not more than ten12
thousand dollars and shall be imprisoned with hard labor for not more than ten years13
without benefit of parole, probation, or suspension of sentence.14
(2) Whoever commits the crime of unlawful use or access of a social media15
networking website, upon a second or subsequent conviction, shall be fined not16
more than twenty thousand dollars and shall be imprisoned with hard labor for not17
less than five years nor more than twenty years without benefit of parole, probation,18
or suspension of sentence.19
* * *20
Section 2. R.S. 15:543.1(18) is hereby enacted to read as follows:21
§543.1. Written notification by the courts; form to be used22
STATE V. ____________________ JUDICIAL DISTRICT COURT23
DOCKET # __________ PARISH OF ___________________24
DIVISION ______ STATE OF LOUISIANA25
Notification to Sex Offender26
In accordance with R.S. 15:543, this court has the duty to provide27
_______________________ (name of offender) with the information necessary for28
awareness of sex offender and child predator registration requirements.29 SB NO. 442
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_______________________ has pled guilty to or been found guilty of a violation of1
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana2
Revised Statutes of 1950, and the substance of the statute violated, IT IS ORDERED3
that ___________________ must register for the period of ___________ from the4
date of his release from prison, being placed on parole, supervised release or5
probation, or from the date of his conviction, if the offender is not sentenced to a6
term of imprisonment or jail. Additionally, since _________________ (hereinafter7
referred to as offender) has been convicted of:8
( ) An aggravated offense as defined in R.S. 15:541, the offender must9
update his/her registration, in person, every ninety days from the date of initial10
registration, with the appropriate law enforcement agencies as provided in R.S.11
15:542.12
( ) A sexual offense involving a victim who is a minor as defined in R.S.13
15:541, the offender must update his/her registration, in person, every six months14
from the date of initial registration, with the appropriate law enforcement agencies15
as provided in R.S. 15:542.16
( ) An offense not defined in R.S. 15:541, as an aggravated offense or a17
sexual offense involving a victim who is a minor, the offender must update his/her18
registration, in person, annually from the date of initial registration, with the19
appropriate law enforcement agencies as provided in R.S. 15:542.20
Based on the foregoing you are hereby notified of the following:21
* * *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 (video25
voyeurism), or was convicted of a sex offense as defined in R.S. 15:541 in which26
the victim of the sex offense was a minor, R.S. 14:91.5, which prohibits such27
offenders from using certain social networking websites, is applicable. A copy28
of this statute is provided to you with this notification.29 SB NO. 442
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* * *1
Section 3. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
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 of present law.
Present law provides an exception to this present law prohibition 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 definitions 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 changes present law to provide that it is 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 "social media" such as chat rooms or peer-to-
peer networks. Accordingly, proposed law changes the name of the present law crime from
"unlawful use or access of social media" to "unlawful use of a social networking website."
Proposed law removes the present law exception that allows a sex offender to get permission
from his probation or parole officer or the court of original jurisdiction to use social media.
Proposed law deletes the definitions of "chat room" and "peer-to-peer network" and changes
the present law definition of "social networking website" as follows:
1. Provides that a "social networking website" only includes those Internet websites the
primary purpose of which is facilitating social interaction with other users of the
website and allowing 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" does not include an Internet website the
primary purpose of which is facilitation of commercial transactions or the
dissemination of news, or that provides only one of the following services: photo-
sharing, electronic mail, or instant messenger. SB NO. 442
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Proposed law provides notice of the existence and applicability of this crime to the offender.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:91.5; adds R.S. 15:543.1(18))