HLS 18RS-510 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 612
BY REPRESENTATIVE STOKES
CRIME: Provides relative to the observation or filming of a person and the disclosure of
certain images of a person
1 AN ACT
2To amend and reenact R.S. 14:283(A)(1) and (B)(4) and 283.2(A)(4), relative to offenses
3 affecting public morals; to provide relative to the crimes of video voyeurism and
4 nonconsensual disclosure of a private image; to provide for actions that constitute
5 video voyeurism; to remove the intent requirement for penalties for video voyeurism
6 of a child under the age of seventeen; to remove certain intent requirements as an
7 element of the crime of nonconsensual disclosure of a private image; and to provide
8 for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:283(A)(1) and (B)(4) and 283.2(A)(4) are hereby amended and
11reenacted to read as follows:
12 §283. Video voyeurism; penalties
13 A. Video voyeurism is any of the following:
14 (1) The use of any camera, videotape, photo-optical, photo-electric,
15 unmanned aircraft system, or any other image recording device for the purpose of
16 observing, viewing, photographing, filming, or videotaping a person where that
17 person has not consented to the specific instance of observing, viewing,
18 photographing, filming, or videotaping and either:
19 (a) it It is for a lewd or lascivious purpose.
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HB NO. 612
1 (b) The observing, viewing, photographing, filming, or videotaping is as
2 described in Paragraph(B)(3) of this Section.
3 * * *
4 B.
5 * * *
6 (4) Whoever commits the crime of video voyeurism when the observing,
7 viewing, photographing, filming, or videotaping is of any child under the age of
8 seventeen with the intention of arousing or gratifying the sexual desires of the
9 offender shall be fined not more than ten thousand dollars and be imprisoned at hard
10 labor for not less than two years or more than ten years without benefit of parole,
11 probation, or suspension of sentence.
12 * * *
13 §283.2. Nonconsensual disclosure of a private image
14 A. A person commits the offense of nonconsensual disclosure of a private
15 image when all of the following occur:
16 * * *
17 (4) The person who discloses the image has the intent to harass or cause
18 emotional distress to the person in the image, and the person who commits the
19 offense knew or should have known that the disclosure could harass or cause
20 emotional distress to the person in the image.
21 * * *
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 612 Original 2018 Regular Session Stokes
Abstract: Adds content element as grounds for the crime of video voyeurism, removes
intent requirement from grounds for increased penalties for video voyeurism, and
removes intent requirement from the crime of nonconsensual disclosure of a private
image.
Present law provides that video voyeurism is the crime of using a camera or other image
recording device to observe or photograph a person without their consent and with a lewd
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HB NO. 612
or lascivious purpose. Provides enhanced penalties when the observation or photography
involves certain sexual acts or body parts.
Proposed law adds to the crime of video voyeurism the observation or photography of
certain sexual acts or body parts without a lewd or lascivious intent.
Present law imposes increased penalties on a person who commits the crime of video
voyeurism with the intent of arousing or gratifying the sexual desires of the offender and the
subject is under the age of 17. Proposed law removes intent as a requirement for increased
penalties when the victim is under the age of 17.
Present law provides that nonconsensual disclosure of a private image is a crime when a
person intentionally discloses an image of another person's (the subject) intimate parts when
the subject is identifiable in the image and is 17 or older. Requires that the subject
understood the image was to remain private, and the person disclosing the image did so with
intent to harass or cause emotional distress on the subject. Proposed law removes intent to
harass or cause emotional distress from the crime of nonconsensual disclosure of a private
image.
(Amends R.S. 14:283(A)(1) and (B)(4) and 283.2(A)(4))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.