SLS 14RS-859 ORIGINAL Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 557 BY SENATOR JOHNS CRIME/PUNISHMENT. Provides relative to the crime of "sexting" through computers and telecommunications devices. (gov sig) AN ACT1 To amend and reenact R.S. 14:81.1.1(C) and to enact R.S. 14:81.1.1(D), relative to offenses2 affecting the public morals; to provide relative to the elements of the crime of3 "sexting"; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 14:81.1.1(C) is hereby amended and reenacted and R.S. 14:81.1.1(D)6 is hereby enacted to read as follows: 7 ยง81.1.1. "Sexting"; prohibited acts; penalties8 * * *9 C. Any offense committed by use of a computer or telecommunication10 device as set forth in this Section shall be deemed to have been committed at11 either the place where the indecent visual depiction originated or at the place12 where the indecent visual depiction was received.13 D.(1) For a violation of the provisions of Paragraph (A)(1) of this Section,14 the offender's disposition shall be governed exclusively by the provisions of Title VII15 of the Louisiana Children's Code.16 (2)(a) For a first offense in violation of Paragraph (A)(2) of this Section, the17 SB NO. 557 SLS 14RS-859 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. offender shall be fined not less than one hundred dollars nor more than two hundred1 fifty dollars, imprisoned for not more than ten days, or both. Imposition or execution2 of the sentence shall not be suspended unless the offender is placed on probation3 with a minimum condition that he perform two eight-hour days of court-approved4 community service.5 (b) For a second offense in violation of Paragraph (A)(2) of this Section, the6 offender shall be fined not less than two hundred fifty dollars nor more than five7 hundred dollars, imprisoned for not less than ten days nor more than thirty days, or8 both. Imposition or execution of the sentence shall not be suspended unless the9 offender is placed on probation with a minimum condition that he perform five eight-10 hour days of court-approved community service.11 (c) For a third or any subsequent offense in violation of Paragraph (A)(2) of12 this Section, the offender shall be fined not less than five hundred dollars nor more13 than seven hundred fifty dollars, imprisoned for not less than thirty days nor more14 than six months, or both. Imposition or execution of the sentence shall not be15 suspended unless the offender is placed on probation with a minimum condition that16 he perform ten eight-hour days of court-approved community service.17 Section 2. This Act shall become effective upon signature by the governor or, if not18 signed by the governor, upon expiration of the time for bills to become law without signature19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20 vetoed by the governor and subsequently approved by the legislature, this Act shall become21 effective on the day following such approval.22 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Alden A. Clement Jr. DIGEST Johns (SB 557) Present law provides relative to the crime of "sexting". Present law provides that it is unlawful for a person under the age of 17 years to knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person. Proposed law retains present law and adds that any offense committed by use of a computer SB NO. 557 SLS 14RS-859 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. or telecommunication device in violation of present law is deemed to have been committed at either the place where the indecent visual depiction originated or at the place where the indecent visual depiction was received. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 14:81.1.1(C); adds R.S. 14:81.1.1(D))