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 Engrossed 2018 Regular Session Stokes
Abstract: Expands the crime of video voyeurism when the voyeurism involves certain content and
under certain conditions, and amends certain intent requirements for the crime of
nonconsensual disclosure of a private image.
Present law provides that video voyeurism is the crime of using a camera, videotape, photo-optical,
photo-electric, unmanned aircraft system, or other image recording device to observe or photograph
a person without their consent and with a lewd or lascivious purpose. Provides enhanced penalties
when the observation or photography involves certain sexual acts or body parts.
Proposed law removes use of an unmanned aircraft system as an element of the offense and repeals
the provision which provides for its definition.
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, which occurs in a place where the subject of
the image has a reasonable expectation of privacy.
Present law provides that nonconsensual disclosure of a private image is a crime when a person
intentionally discloses an image of another person's intimate parts when the subject is identifiable
in the image and is 17 years 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
to the subject, and the person who commits the offense knew or should have known that the
disclosure could harass or cause emotional distress.
Proposed law amends present law to provide that the person committing the offense either had the
intent to harass or cause emotional distress or knew or should have known that the disclosure could
harass or cause emotional distress.
(Amends R.S. 14:283(A)(1) and 283.2(A)(4); Repeals R.S. 14:283(G))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Remove use of an unmanned aircraft system as an element of the offense and removes
the definition of "unmanned aircraft system". 2. Restore present law which provides penalties for offenses which involve the observing,
viewing, photographing, filming, or videotaping of any child under the age of 17 years.
3. Amends elements of the crime of nonconsensual disclosure of a private image to provide
that the person committing the offense either had the intent to harass or cause emotional
distress or knew or should have known that the disclosure could harass or cause
emotional distress.