HLS 18RS-738 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 237
BY REPRESENTATIVE LEOPOLD
CRIMINAL/SENTENCING: Amends the criminal sentences and fines for convictions of
pornography involving juveniles
1 AN ACT
2To amend and reenact R.S. 14:81.1(E)(1)(b), (2)(b), (3), and (4), relative to pornography
3 involving juveniles; to provide relative to the crime of pornography involving
4 juveniles; to provide relative to the criminal penalties for the crime of pornography
5 involving juveniles; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:81.1(E)(1)(b), (2)(b), (3), and (4) are hereby amended and
8reenacted to read as follows:
9 ยง81.1. Pornography involving juveniles
10 * * *
11 E.(1)
12 * * *
13 (b) On a second or subsequent conviction for the intentional possession of
14 pornography involving juveniles, the offender shall be fined not more than seventy-
15 five thousand dollars and imprisoned at hard labor for not less than ten years nor
16 more than forty years, without benefit of parole, probation, or suspension of
17 sentence.
18 (2)
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 237
1 (b) On a second or subsequent conviction for distributing or possessing with
2 the intent to distribute pornography involving juveniles, the offender shall be fined
3 not more than seventy-five thousand dollars and imprisoned at hard labor for not less
4 than ten years nor more than forty years, without benefit of parole, probation, or
5 suspension of sentence.
6 (3) Any parent, legal guardian, or custodian of a child who consents to the
7 participation of the child in pornography involving juveniles shall be fined not more
8 than ten fifty thousand dollars and be imprisoned at hard labor for not less than five
9 years or nor more than twenty years, without benefit of probation, parole, or
10 suspension of sentence.
11 (4)(a) Whoever engages in the promotion, advertisement, or production of
12 pornography involving juveniles shall be fined not more than fifteen fifty thousand
13 dollars and be imprisoned at hard labor for not less than ten years or nor more than
14 twenty years, without benefit of probation, parole, or suspension of sentence.
15 (b) On a second or subsequent conviction for promotion, advertisement, or
16 production of pornography involving juveniles, the offender shall be fined not more
17 than seventy-five thousand dollars and imprisoned at hard labor for not less than
18 twenty years nor more than forty years, without benefit of parole, probation, or
19 suspension of sentence.
20 * * *
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 237 Reengrossed 2018 Regular Session Leopold
Abstract: Increases certain penalties with regard to the crime of pornography involving
juveniles.
Present law provides for the crime of pornography involving juveniles which prohibits any
person from producing, promoting, advertising, distributing, possessing, or possessing with
the intent to distribute pornography involving juveniles. The crime further prohibits any
parent, legal guardian, or custodian of the child to consent to the child's participation in the
pornography involving juveniles.
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HB NO. 237
Present law provides for the following penalties for the intentional possession of
pornography involving juveniles:
(1)A fine of not more than $50,000 and imprisonment at hard labor for not less than five
years or more than 20 years, without benefit of parole, probation, or suspension of
sentence.
(2)On a second or subsequent conviction, a fine of not more than $75,000 and
imprisonment at hard labor for not more than 40 years, without benefit of parole,
probation, or suspension of sentence.
Proposed law amends the present law penalties for a second or subsequent conviction for the
intentional possession of pornography involving juveniles to retain the present law fine and
provide for a term of imprisonment of not less than ten years nor more than 40 years without
benefit of parole, probation, or suspension of sentence.
Present law provides for the following penalties for the distribution of or possession with the
intent to distribute pornography involving juveniles:
(1)A fine of not more than $50,000 and imprisonment at hard labor for not less than five
years or more than 20 years, without benefit of parole, probation, or suspension of
sentence.
(2)On a second or subsequent conviction, a fine of not more than $75,000 and
imprisonment at hard labor for not more than 40 years, without benefit of parole,
probation, or suspension of sentence.
Proposed law amends the present law penalties for a second or subsequent conviction for the
distribution of or possession with the intent to distribute pornography involving juveniles
to retain the present law fine and provide for a term of imprisonment of not less than ten
years nor more than 40 years without benefit of parole, probation, or suspension of sentence.
With regard to any parent, legal guardian, or custodian of a child who consents to the child's
participation in pornography involving juveniles, present law provides that the person shall
be fined not more than $10,000 and imprisoned at hard labor for not less than five years or
more than 20 years, without benefit of probation, parole, or suspension of sentence.
Proposed law increases the present law fine from $10,000 to $50,000.
Present law provides that whoever engages in the promotion, advertisement, or production
of pornography involving juveniles shall be fined not more than $15,000 and imprisoned at
hard labor for not less than ten years or more than 20 years, without benefit of probation,
parole, or suspension of sentence.
Proposed law increases the present law fine from $15,000 to $50,000 and provides that on
a second or subsequent conviction for the promotion, advertisement, or production of
pornography involving juveniles, the person shall be fined not more than $75,000 and
imprisoned for not less than 20 years nor more than 40 years, without benefit of parole,
probation, or suspension of sentence.
(Amends R.S. 14:81.1(E)(1)(b), (2)(b), (3) and (4))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.