Louisiana Senate Bill SB686

Louisiana 2012 Regular Session

• Introduced: 4/3/12
• Refer: 4/3/12
• Report Pass: 4/17/12
• Engrossed: 4/24/12
• Refer: 4/25/12
• Report Pass: 5/15/12
• Enrolled: 5/31/12
• Chaptered: 6/14/12
• Passed: 6/14/12

Caption

Provides relative to the crime of obscenity relating to the intentional transmission of sexually explicit materials. (8/1/12)

Impact

The proposed changes will adjust the penalties associated with obscenity offenses, particularly in cases where minors are involved. First-time offenders could face fines ranging from $1,000 to $2,500, along with potential imprisonment for up to three years. The penalties intensify with additional convictions, which could lead to more severe financial and incarceration repercussions. By establishing stricter guidelines for the transmission of sexually explicit content through modern communication means, SB686 aims to provide greater protection for vulnerable populations, especially minors.

Summary

Senate Bill 686 aims to amend Louisiana's laws concerning obscenity by expanding the definition to include the intentional transmission of sexually explicit text messages. This amendment signifies a response to the evolving nature of communication, particularly through digital platforms, where such explicit materials can be easily shared via messaging services. By implementing new provisions, the bill seeks to clarify the legal frameworks surrounding unsolicited sexual content sent to wireless devices, thus adapting state laws to contemporary forms of communication.

Sentiment

The sentiment surrounding SB686 appears to be mixed, reflecting concerns about privacy and the implications of overreach into personal communications. Supporters argue that the bill is necessary to curb the distribution of harmful content, asserting that it will create a safer environment for minors and families. However, critics voice concerns regarding potential misuse of the law, fearing it could infringe on personal freedoms and the rights of individuals to communicate freely. This complexity illustrates the challenges lawmakers face in balancing regulatory measures with civil liberties.

Contention

A notable point of contention involves the potential consequences for individuals wrongfully accused or prosecuted under these new criteria. The definitions of 'sexually explicit' might lead to ambiguities that could be exploited, raising concerns about due process and fair trials. Additionally, there are questions about the effectiveness of laws targeting digital communications, as critics highlight the need for comprehensive education and awareness programs rather than punitive measures. The debate continues as stakeholders consider how best to protect citizens while respecting their rights.