RÉSUMÉ DIGEST
ACT 682 (HB 237) 2018 Regular Session Leopold
Existing 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.
Existing 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.
New law retains the existing law fine and maximum term of imprisonment of 40 years for
a second or subsequent conviction for the intentional possession of pornography involving
juveniles and adds a minimum term of imprisonment of not less than 10 years to the penalty.
Existing 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.
New law retains the existing law fine and maximum term of imprisonment of 40 years for
a second or subsequent conviction for the distribution of or possession with the intent to
distribute pornography involving juveniles and adds a minimum term of imprisonment of 10
years to the penalty.
With regard to any parent, legal guardian, or custodian of a child who consents to the child's
participation in pornography involving juveniles, prior law provided 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.
New law increases the prior law fine from $10,000 to $50,000.
Prior law provided that whoever engaged 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.
New law increases the prior 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.
Effective August 1, 2018.
(Amends R.S. 14:81.1(E)(1)(b), (2)(b), (3) and (4))