DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 153 Engrossed 2015 Regular Session Tim Burns
Abstract: Creates the crime of unlawful distribution of material harmful to minors through the
Internet, provides criminal penalties including a fine of up to $10,000, and provides for
exceptions.
Proposed law creates the crime of unlawful distribution of material harmful to minors through the
Internet, providing that any person or entity in La. that publishes material harmful to minors on the
Internet shall, prior to permitting access to such material, require any person attempting to access
such material to acknowledge that the person is 18 years of age or older.
Proposed law provides that if the person seeking to access such material is under the age of 18 and
falsely acknowledges that he is 18 years of age or older, the person or entity in La. that publishes
material harmful to minors on the Internet and who complies with the requirements set forth in
proposed law shall not be held liable for this offense.
Proposed law provides exceptions for the following:
(1)Internet service provider or interactive computer service provider as defined by federal law
(47 U.S.C. 230(f)) for material harmful to minors that is provided by another person.
(2)Material that is a bona fide news or public interest broadcast, website, video, report, or event.
Provides that the provisions of proposed law do not affect the rights of any news-gathering
organization.
Proposed law provides for definitions of "descriptions or depictions of illicit sex or sexual
immorality", "material harmful to minors", and "news-gathering organization".
Provides that whoever violates the provisions of proposed law shall be fined up to $10,000.
(Adds R.S. 14:91.14)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill: 1. Add an exception to the offense for an Internet service provider or interactive computer
service provider for material published or distributed by another person.
2. Add an exception to the offense for material that is a bona fide news or public interest
broadcast, website, video, report, or event.
3. Provide that proposed law does not affect the rights of any news-gathering organization
and provide a definition for "news-gathering organization".