HLS 22RS-169 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 52
BY REPRESENTATIVE HOLLIS
CRIME: Creates the crime of unwarranted video surveillance of residential property
1 AN ACT
2To enact R.S. 14:283.4, relative to video surveillance; to create the crime of unwarranted
3 video surveillance of residential property; to provide for criminal penalties; to
4 provide for a presumption of reasonable expectation of privacy; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:283.4 is hereby enacted to read as follows:
8 ยง283.4. Unwarranted video surveillance of residential property
9 A.(1) Unwarranted video surveillance of residential property for the purpose
10 of publishing the video on social media is the use of any camera or other image
11 recording device by a person with the intent to harass, intimidate, or cause emotional
12 distress by using the camera or other recording device to observe, photograph,
13 videotape, or otherwise record another person's backyard without the consent of that
14 person who has a reasonable expectation of privacy.
15 (2) If the backyard of a residential property is surrounded by fencing,
16 enclosure, or other barrier erected for the purpose of obstructing the view from a
17 public or private roadway or walkway or from another residential property, then a
18 reasonable expectation of privacy shall be presumed for any person who is within the
19 fencing, enclosure, or other barrier surrounding the backyard.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-169 ENGROSSED
HB NO. 52
1 B.(1) Whoever commits the crime of unwarranted video surveillance of
2 residential property, upon a first offense, shall receive a written notice by a certified
3 letter from the homeowner.
4 (2) Whoever commits the crime of unwarranted video surveillance of
5 residential property, upon a second conviction, shall be fined not more than five
6 hundred dollars, imprisoned for not more than six months, or both.
7 (3) Upon a third or subsequent conviction, the offender shall be fined not
8 more than one thousand dollars, imprisoned with or without hard labor for not more
9 than one year, or both.
10 (4) Whoever commits the crime of unwarranted video surveillance of
11 residential property against any child under the age of seventeen shall be fined not
12 more than ten thousand dollars and be imprisoned at hard labor for not less than two
13 years nor more than ten years without benefit of parole, probation, or suspension of
14 sentence.
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 52 Engrossed 2022 Regular Session Hollis
Abstract: Creates the crime of unwarranted video surveillance of residential property and
provides penalties for commission of the offense.
Proposed law defines unwarranted video surveillance of residential property for the purpose
of publishing the video on social media as the use of any camera or other image recording
device by a person with the intent to harass, intimidate, or cause emotional distress by using
the camera or other recording device to observe, photograph, videotape, or otherwise record
another person's backyard without the consent of that person who has a reasonable
expectation of privacy.
Proposed law provides that if the backyard of a residential property is surrounded by
fencing, enclosure, or other barrier erected for the purpose of obstructing the view from a
public or private roadway or walkway or from another residential property, then a reasonable
expectation of privacy shall be presumed for any person who is within the fencing,
enclosure, or other barrier surrounding the backyard.
Proposed law provides the following penalties:
(1)Upon a first offense, the offender shall receive a written notice by a certified letter
from the homeowner.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-169 ENGROSSED
HB NO. 52
(2)Upon a second conviction, the offender shall be fined not more than $500,
imprisoned for not more than six months, or both.
(3)Upon a third or subsequent conviction, the offender shall be fined not more than
$1,000, imprisoned with or without hard labor for not more than one year, or both.
(4)When the crime is committed against any child under the age of 17, the offender
shall be fined not more than $10,000 and be imprisoned at hard labor for not less
than two years or more than ten years without benefit of parole, probation, or
suspension of sentence.
(Adds R.S. 14:283.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Change the elements to include that a person needs to have intent to harass,
intimidate, or cause emotional distress when committing this offense and that a
person has to commit this offense for the purpose of publishing the video on
social media.
3. Insert the term "person" in place of "neighbor" or "owner".
4. Establish a presumption of a reasonable expectation of privacy for a person
located within a backyard of a residential property surrounded by fencing,
enclosure or other barrier constructed for the purpose of obstructing the view
from a public or private roadway, walkway, or from another residential property.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.