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Coding: Words which are struck through are deletions from existing law;
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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 from which the indecent visual depiction was transmitted or at12
the place 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
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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
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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 from which the indecent visual depiction was transmitted 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Changes indecent visual depiction origin from "where the indecent visual
depiction originated" to "from which the indecent visual depiction was
transmitted."