SLS 20RS-142 ORIGINAL
2020 Regular Session
SENATE BILL NO. 384
BY SENATOR REESE
CRIME/PUNISHMENT. Provides relative to the crime of unlawful posting of criminal
activity for notoriety and publicity. (8/1/20)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 718.1(A) and (B) and R.S.
3 14:107.4(D) and (E), relative to the crime of unlawful posting of criminal activity for
4 notoriety and publicity; to provide relative to access to evidence of the crime; to
5 provide relative to the disposition of evidence of the crime; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Art. 718.1(A) and (B) are hereby amended
9 and reenacted to read as follows:
10 Art. 718.1. Evidence of obscenity, video voyeurism, or pornography involving
11 juveniles, or unlawful posting of criminal activity for notoriety
12 and publicity; prohibition on reproduction of pornography involving
13 juveniles
14 A. In any criminal proceeding, any property or material that is alleged to
15 constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully
16 possessed, video voyeurism as defined in R.S. 14:283, or pornography involving
17 juveniles as defined in R.S. 14:81.1, or unlawful posting of criminal activity for
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 384
SLS 20RS-142 ORIGINAL
1 notoriety and publicity as defined in R.S. 14:107.4, shall remain in the care,
2 custody, and control of the investigating law enforcement agency, the court, or the
3 district attorney.
4 B. Notwithstanding any other provision of law to the contrary, the court shall
5 deny any request by the defendant to copy, photograph, duplicate, or otherwise
6 reproduce any property or material that is alleged to constitute evidence of obscenity
7 as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as
8 defined in R.S. 14:283, or pornography involving juveniles as defined in R.S.
9 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as
10 defined in R.S. 14:107.4, provided that the district attorney makes the property or
11 material reasonably available to the defendant.
12 * * *
13 Section 2. R.S. 14:107.4(D) and (E) are hereby amended and reenacted to read as
14 follows:
15 ยง107.4. Unlawful posting of criminal activity for notoriety and publicity
16 * * *
17 D. After the institution of prosecution, access to, and the disposition of any
18 material seized as evidence of this offense shall be in accordance with R.S. 46:1845
19 Code of Criminal Procedure Article 718.1.
20 E. Any evidence resulting from the commission of unlawful filming or
21 recording criminal activity shall be contraband. The court, upon motion of the
22 district attorney and after a contradictory hearing, may order the destruction
23 of the contraband after it is determined that it is no longer needed as evidence.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 384 Original 2020 Regular Session Reese
Present law provides that it is unlawful for a person who is either a principal or accessory
to a crime to obtain an image of the commission of the crime using any camera or other
image recording device and to transfer that image by the use of a computer online service
or other means of electronic communication for the purpose of gaining notoriety, publicity,
or the attention of the public, subject to certain present law exceptions.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 384
SLS 20RS-142 ORIGINAL
Proposed law retains present law.
Present law provides that after the institution of prosecution for the crime of unlawful
posting of criminal activity, access to any material seized as evidence of this offense is to
be in accordance with present law relative to access to evidence of certain offenses.
Proposed law makes a technical change to present law relative to the citation of present law
regarding access and disposition of evidence of certain offenses, and otherwise retains
present law.
Present law provides that any evidence resulting from the commission of unlawful filming
or recording criminal activity is contraband.
Proposed law retains present law and adds that the court, upon motion of the district attorney
and after a contradictory hearing, may order the destruction of the contraband after it is
determined that it is no longer needed as evidence.
Present law provides that in any criminal proceeding, any property or material that is alleged
to constitute evidence of the present law crimes of obscenity, video voyeurism, or
pornography involving juveniles must remain in the care, custody, and control of the
investigating law enforcement agency, the court, or the district attorney. Present law further
provides that the court is to deny any request by the defendant to copy or otherwise
reproduce any property or material that is alleged to constitute evidence of these present
law crimes, provided that the district attorney makes the property or material reasonably
available to the defendant.
Proposed law retains present law and adds that evidence of the present law crime of unlawful
posting of criminal activity for notoriety and publicity is also subject to present law relative
to access to evidence of certain crimes.
Effective August 1, 2020.
(Amends C.Cr.P. Art. 718.1(A) and (B) and R.S. 14:107.4(D) and (E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.