GREEN SHEET REDIGEST
HB 612 2018 Regular Session Stokes
CRIME: Provides relative to the observation or filming of a person and the disclosure
of certain images of a person
DIGEST
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 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.
(Amends R.S. 14:283(A)(1); Adds R.S. 14:283(H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Removes use of an unmanned aircraft system as an element of the offense and
removes the definition of "unmanned aircraft system".
2. Restores 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.
The House Floor Amendments to the engrossed bill:
1. Provides an exception for any bona fide news or public interest broadcast,
website, video, report, or event.
2. Provides that present and proposed law shall not affect the rights of any news-
gathering organization.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Adds use of "unmanned aircraft system" to elements of the crime of video
voyeurism and provide definition of "unmanned aircraft system".
2. Deletes proposed law relative to crime of nonconsensual disclosure of a private
image.
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Prepared by Alden A. Clement, Jr.