RÉSUMÉ DIGEST
ACT 231 (HB 489) 2015 Regular Session Stokes
New 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, and 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.
New law provides penalties for this offense including a fine of up to $10,000, imprisonment
for up to 2 years, or both.
New 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.
New law defines "criminal justice agency", "disclosure", "image", and "intimate parts".
Provides that this new 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. New law provides that "interactive
computer service", "information service", and "telecommunications service" shall have the
same meaning as in existing federal law. (47 U.S.C. 153 and 230)
Effective August 1, 2015.
(Adds R.S. 14:283.2)