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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 ENROLLED
SENATE BILL NO. 686
BY SENATORS ADLEY AND THOMPSON
AN ACT1
To amend and reenact R.S. 14:106(A)(7)(a) and (G) and to enact R.S. 14:106(A)(8), relative2
to the 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; to provide for penalties; 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) and (G) are 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 the transmission 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 containing14
sexually explicit materials in an electronic communication to one or more persons15
within this state that contains sexually explicit materials without including in the16
advertisement the term "ADV-ADULT" at the beginning of the subject line of the17
advertisement. A "subject line" is the area of an electronic communication that18
contains a summary description of the content of the message.19
* * *20
(8)(a) Transmission or causing the transmission by a person, knowing its21
content to be sexually explicit as defined in this Paragraph, of an unsolicited text22
message containing sexually explicit materials to a wireless telecommunications23
device of one or more persons within this state.24
(b) As used in this Paragraph:25
(i) "Sexually explicit" means the graphic depiction of sex, including but26
ACT No. 846 SB NO. 686 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
not limited to sexual audio, text, or images, the depiction of sexual activity,1
nudity, or sexually oriented language and is obscene as defined in R.S.2
14:106(A)(3)(b).3
(ii) "Wireless telecommunications device" means a cellular telephone,4
a text-messaging device, a personal digital assistant, a tablet computer, or any5
other substantially similar wireless device.6
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G.(1) On Except as provided in Paragraph (5) of this Subsection, on a8
first conviction, whoever commits the crime of obscenity shall be fined not less than9
one thousand dollars nor more than two thousand five hundred dollars, or10
imprisoned, with or without hard labor, for not less than six months nor more than11
three years, or both.12
(2)(a) On Except as provided in Paragraph (5) of this Subsection, on a13
second conviction, the offender shall be imprisoned, with or without hard labor for14
not less than six months nor more than three years, and in addition may be fined not15
less than two thousand five hundred dollars nor more than five thousand dollars.16
(b) The imprisonment provided for in Subparagraph (a) of this Paragraph,17
may be imposed at court discretion if the court determines that the offender, due to18
his employment, could not avoid engagement in the offense. This Subparagraph (b)19
shall not apply to the manager or other person in charge of an establishment selling20
or exhibiting obscene material.21
(3) On Except as provided in Paragraph (5) of this Subsection, on a third22
or subsequent conviction, the offender shall be imprisoned with or without hard labor23
for not less than two years nor more than five years, and in addition may be fined not24
less than five thousand dollars nor more than ten thousand dollars.25
(4) When a violation of Paragraph (1), (2), or (3) of Subsection A of this26
Section is with or in the presence of an unmarried person under the age of seventeen27
years, the offender shall be fined not more than ten thousand dollars and shall be28
imprisoned, with or without hard labor, for not less than two years nor more than five29
years, without benefit of parole, probation, or suspension of sentence.30 SB NO. 686 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(5) Whoever violates the provisions of Paragraphs (A)(7) or (A)(8) of1
this Section may be fined not less than one hundred dollars nor more than five2
hundred dollars.3
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: