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 489 Engrossed 2015 Regular Session Stokes
Abstract: Creates the crime of nonconsensual disclosure of a private image, and provides elements,
penalties, and exceptions for the offense.
Proposed law creates the crime of nonconsensual disclosure of a private image and provides that a
person commits this offense when all of the following occur:
(1)The person intentionally discloses an image of another person who is seventeen years of age
or older, who is identifiable from the image or information displayed in connection with the
image, and whose intimate parts are exposed in whole or in part.
(2)The person obtained the image under circumstances in which a reasonable person would
know or understand that the image was to remain private.
(3)The person knew or should have known that the person in the image has not consented to the
disclosure of the image.
(4)The person has the intent to harass or cause emotional distress to the person in the image, or
the person who commits the offense knew or should have known that the disclosure could
harass or cause emotional distress to the person in the image.
Penalties for the proposed law offense include a fine of up to $10,000, imprisonment for up to 2
years, or both.
Proposed law provides that disclosure of the image under any of the following circumstances does
not constitute commission of the offense:
(1)When the disclosure is made by any criminal justice agency for the purpose of a lawful
criminal investigation.
(2)When the disclosure is made for the purpose of, or in connection with, the reporting of
unlawful conduct to law enforcement or a criminal justice agency.
(3)When the person depicted in the image voluntarily or knowingly exposed his or her intimate
parts in a public setting.
(4)When the image is related to a matter of public interest, public concern, or related to a public figure who is intimately involved in the resolution of important public questions, or by
reason of his fame shapes events in areas of concern to society.
Proposed law defines "criminal justice agency", "disclosure", "image", and "intimate parts".
Provides that this proposed law shall not be construed to impose liability on providers of any of the
following services for content provided by another person: interactive computer service, information
service, or telecommunications service. Proposed law provides that "interactive computer service",
"information service", and "telecommunications service" shall have the same meaning as in present
federal law. (47 U.S.C. 153 and 230)
(Adds R.S. 14:283.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Amend the provisions relative to the liability of certain service providers for content
provided by another person.
2. Remove cable operator from the list of entities upon which liability may not be imposed
pursuant to proposed law for content provided by another person.
3. Delete the definitions of cable operator, interactive computer service, and
telecommunications service, and provide that the terms "interactive computer service",
"information service", and "telecommunications service" shall have the same meaning
as in present federal law.