ENROLLED 2024 Regular Session HOUSE BILL NO. 138 BY REPRESENTATIVE SCHLEGEL 1 AN ACT 2 To amend and reenact R.S. 14:283.2(A)(1) and (4) and (B)(3) and to enact R.S. 3 14:283.2(C)(5), relative to the nonconsensual disclosure of a private image; to 4 provide relative to the offense of nonconsensual disclosure of a private image; to 5 provide relative to the elements of the offense of nonconsensual disclosure of a 6 private image; to provide for exceptions; to provide for definitions; and to provide 7 for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 14:283.2(A)(1) and (4) and (B)(3) are hereby amended and reenacted 10 and R.S. 14:283.2(C)(5) is hereby enacted to read as follows: 11 ยง283.2. Nonconsensual disclosure of a private image 12 A. A person commits the offense of nonconsensual disclosure of a private 13 image when all of the following occur: 14 (1) The person intentionally discloses an image of another person who is 15 seventeen years of age or older, who is identifiable from the image or information 16 displayed in connection with the image, and either whose intimate parts are exposed 17 in whole or in part or who is engaged in sexual conduct. 18 * * * 19 (4) The person who discloses the image has the intent to harass or cause 20 emotional distress to the person in the image, and the person who commits the 21 offense knew or should have known that the disclosure could harass or cause 22 emotional distress to the person in the image. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 138 ENROLLED 1 B. Disclosure of an image under any of the following circumstances does not 2 constitute commission of the offense defined in Subsection A of this Section: 3 * * * 4 (3) When the person depicted in the image voluntarily or knowingly exposed 5 his or her intimate parts or engaged in sexual conduct in a public setting. 6 * * * 7 C. For purposes of this Section: 8 * * * 9 (5) "Sexual conduct" means actual or simulated vaginal, anal, or oral sexual 10 intercourse, deviant sexual intercourse, sexual bestiality, masturbation, 11 sadomasochistic abuse, or exhibition of the genitals. 12 * * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.