SLS 12RS-1823 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 686
BY SENATOR ADLEY
CRIME/PUNISHMENT. Provides relative to the crime of obscenity. (8/1/12)
AN ACT1
To amend and reenact R.S. 14:106(A)(7)(a) and to enact R.S. 14:106(A)(8), relative to the2
crime of obscenity; to add the intentional transmission of sexually explicit text3
messages to the definition of the crime of obscenity; to provide for additional4
definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:106(A)(7)(a) is hereby amended and reenacted and R.S.7
14:106(A)(8) is hereby enacted to read as follows: 8
ยง106. Obscenity9
A. The crime of obscenity is the intentional: 10
* * *11
(7)(a) Transmission or causing to be transmitted by a No person, knowing12
the content of an advertisement to be sexually explicit as defined in this Paragraph,13
shall transmit or cause to be transmitted of an unsolicited advertisement in an14
electronic communication to one or more persons within this state that contains15
sexually explicit materials without including in the advertisement the term "ADV-16
ADULT" at the beginning of the subject line of the advertisement. A "subject line"17 SB NO. 686
SLS 12RS-1823 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
is the area of an electronic communication that contains a summary description of1
the content of the message.2
* * *3
(8)(a) Transmission or causing to be transmitted by a person, knowing4
the content of a text message to be sexually explicit as defined in this Paragraph,5
of an unsolicited text message to a wireless telecommunications device of one or6
more persons within this state that contains sexually explicit materials.7
(b) As used in this Paragraph:8
(i) "Sexually explicit" means the graphic depiction of sex, including but9
not limited to sexual audio, text, or images, the depiction of sexual activity,10
nudity, or sexually oriented language.11
(ii) "Wireless telecommunications device" means a cellular telephone,12
a text-messaging device, a personal digital assistant, a tablet computer, or any13
other substantially similar wireless device.14
* * *15
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 creates and defines the crime of obscenity.
Proposed law retains present law and adds to the definition of obscenity the transmission or
causing to be transmitted by a person, knowing the content of a text message to be sexually
explicit as defined in proposed law, of an unsolicited text message to a wireless
telecommunications device of one or more persons within this state that contains sexually
explicit materials.
Proposed law defines "sexually explicit" as the graphic depiction of sex, including but not
limited to sexual audio, text, or images, depiction of sexual activity, nudity, or sexually
oriented language.
Proposed law defines "wireless telecommunications device" as a cellular telephone, a text-
messaging device, a personal digital assistant, a tablet computer, or any other substantially
similar wireless device.
Effective August 1, 2012.
(Amends R.S. 14:106(A)(7)(a); adds R.S. 14:106(A)(8))