HLS 25RS-454 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 103
BY REPRESENTATIVE GADBERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/SEX OFFENSES: Creates the crime of indecent visual depiction of a minor
1 AN ACT
2To amend and reenact R.S. 15:541(24)(a) and to enact R.S. 14:81.7 and Code of Criminal
3 Procedure Article 611(F), relative to offenses affecting sexual immorality; to create
4 the crime of indecent visual depiction of a minor; to provide for penalties; to provide
5 for exceptions; to provide for definitions; to provide with respect to sex offender
6 registration and notification requirements; to provide relative to venue; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:81.7 is hereby enacted to read as follows:
10 §81.7. Indecent visual depiction of a minor
11 A. No person shall transmit an indecent visual depiction of the intimate parts
12 of a minor child with the malicious and willful intent to abuse, cause emotional or
13 physical distress, coerce, embarrass, harass, intimidate, provide sexual stimulation
14 or gratification, shame, or torment. Lack of knowledge of age shall not constitute
15 a defense.
16 B.(1) Whoever violates the provisions of this Section shall be imprisoned not
17 more than six months, fined not less than one thousand dollars, or both.
18 (2) Upon a second conviction, the offender shall be imprisoned for not more
19 than five years at hard labor, fined not less than five thousand dollars, or both.
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1 (3) Upon a third or subsequent conviction, the offender shall be imprisoned
2 at hard labor for not more than ten years, fined not less than ten thousand dollars, or
3 both.
4 C. A violation of the provisions of Paragraph (B)(2) of this Section shall be
5 considered a sex offense as defined in R.S. 15:541, and the offender shall be required
6 to register as a sex offender as provided in Chapter 3-B of Title 15 of the Louisiana
7 Revised Statutes of 1950.
8 D. The provisions of this Section shall not apply to an interactive computer
9 service, electronic mail service provider, a provider of a telecommunications service
10 or any information service as defined in 47 U.S.C. 153, or a system or access
11 software provider that provides or enables computer access by multiple users to a
12 computer server that was used by a person to commit any act prohibited by
13 Subsection A of this Section.
14 E. The provisions of this Section shall not apply to a person who transmits
15 an indecent visual depiction of the intimate parts of a minor child to any of the
16 following:
17 (1) A caseworker or representative of the Department of Children and
18 Family Services or any other state agency for the purpose of investigating potential
19 child abuse or neglect.
20 (2) A medical professional for the purpose of seeking medical advice.
21 (3) A criminal justice agency in connection with a lawful criminal
22 investigation.
23 (4) An attorney or court personnel in connection with any criminal or civil
24 legal proceeding that arises due to a violation of this Section or any other provision
25 of this Title that involves an unlawful visual depiction of a minor child.
26 (5) A parent, legal guardian, family member, or other person most familiar
27 with the person under circumstances in which a reasonable person would know or
28 understand that there is no malicious intent and that the visual depiction is to remain
29 private. Such circumstances shall include but not be limited to any of the following:
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1 (a) Visual depictions of prenatal care and services.
2 (b) Visual depictions of medical conditions for the purpose of obtaining
3 medical treatment or advice.
4 (c) Visual depictions that do not appeal to prurient interest or are not patently
5 offensive.
6 F. Any person or entity that obtains an indecent visual depiction of the
7 intimate parts of a minor child pursuant to Subsection E of this Section shall take
8 measures to restrict access to such depiction.
9 G. For the purposes of this Section:
10 (1) "Criminal justice agency" means any governmental agency, subunit of
11 a governmental agency, or private agency that, through statutory authorization or a
12 legal formal agreement with a governmental unit or agency, does any of the
13 following:
14 (a) Has the power of investigation, arrest, detention, prosecution,
15 adjudication, treatment, supervision, rehabilitation, or release of persons suspected,
16 charged, or convicted of a crime.
17 (b) Collects, stores, processes, transmits, or disseminates criminal history
18 records or crime information.
19 (2) "Indecent visual depiction" means any photograph, videotape, film,
20 digital recording, or other reproduction that contains the intimate parts of a person
21 under seventeen years of age. This term includes data stored on any computer,
22 telecommunication device, or other electronic storage media which is capable of
23 conversion into a visual image.
24 (3) "Intimate parts" means the fully unclothed, partially unclothed, or
25 transparently clothed genitals, vagina, vulva, pubic area, or anus. If the person
26 depicted is a female, "intimate parts" also means the partial or full exposure of fully
27 developed or developing adolescent breasts or breast nipples, including exposure
28 through transparent clothing.
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1 (4) "Medical professional" means a person licensed or certified by this state
2 to provide healthcare or professional services as a physician, physician assistant,
3 dentist, registered or licensed practical nurse or certified nurse assistant, advanced
4 practice registered nurse, certified emergency medical technician, paramedic,
5 certified registered nurse anesthetist, nurse practitioner, respiratory therapist, clinical
6 nurse specialist, pharmacist, optometrist, podiatrist, chiropractor, physical therapist,
7 occupational therapist, licensed radiologic technologist, licensed clinical laboratory
8 scientist, licensed professional counselor, certified social worker, psychologist,
9 patient transporter, dietary worker, patient access representative, patient relations
10 advocate, or any other person who otherwise assists in or supports the performance
11 of healthcare services.
12 (5) "Minor child" means a person under seventeen years of age.
13 (6) "Transmit" or "transmission" means to alter, circulate, communicate,
14 consign, disclose, display, disseminate, distribute, give, manufacture, print, sell,
15 transfer, or transmute by means of computer online service, electronic mail, internet
16 applications, internet chatroom, personal courier, personal contact or delivery, postal
17 service, print, private carrier, public bulletin board, social media, text message, or
18 website publication. This term includes the use of a wireless or telephone
19 communication device.
20 Section 2. R.S. 15:541(24)(a) is hereby amended and reenacted to read as follows:
21 §541. Definitions
22 For the purposes of this Chapter, the definitions of terms in this Section shall
23 apply:
24 * * *
25 (24)(a) "Sex offense" means deferred adjudication, adjudication withheld,
26 or conviction for the perpetration or attempted perpetration of or conspiracy to
27 commit human trafficking when prosecuted under the provisions of R.S.
28 14:46.2(B)(2), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:89
29 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S.
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1 14:89.2(B)(3) (crime against nature by solicitation), R.S. 14:80 (felony carnal
2 knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1
3 (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile or a
4 person with a physical or mental disability), R.S. 14:81.3 (computer-aided
5 solicitation of a minor), R.S. 14:81.4 (prohibited sexual conduct between an educator
6 and student), R.S. 14:82.1 (prostitution; persons under eighteen), R.S. 14:82.2(C)(4)
7 and (5) (purchase of commercial sexual activity), R.S. 14:92(A)(7) (contributing to
8 the delinquency of juveniles), R.S. 14:93.5 (sexual battery of persons with
9 infirmities), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age
10 of seventeen), R.S. 14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:42
11 (aggravated or first degree rape), R.S. 14:42.1 (forcible or second degree rape), R.S.
12 14:43 (simple or third degree rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2
13 (second degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5
14 (intentional exposure to HIV), a second or subsequent conviction of R.S. 14:283.1
15 (voyeurism), or a second or subsequent conviction of R.S. 14:89.3 (sexual abuse of
16 an animal), or a second conviction of R.S. 14:81.7 (indecent visual depiction of a
17 minor), committed on or after June 18, 1992, or committed prior to June 18, 1992,
18 if the person, as a result of the offense, is under the custody of the Department of
19 Public Safety and Corrections on or after June 18, 1992. A conviction for any
20 offense provided in this definition includes a conviction for the offense under the
21 laws of another state, or military, territorial, foreign, tribal, or federal law which is
22 equivalent to an offense provided for in this Chapter, unless the tribal court or
23 foreign conviction was not obtained with sufficient safeguards for fundamental
24 fairness and due process for the accused as provided by the federal guidelines
25 adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.
26 * * *
27 Section 3. Code of Criminal Procedure Article 611(F) is hereby enacted to read as
28follows:
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1 Art. 611. Venue; trial where offense committed
2 * * *
3 F. If the offender is charged with the crime of indecent visual depiction of
4 a minor, the offense is deemed to have been committed in either of the following:
5 (1) The parish where the unlawful act occurred.
6 (2) The parish where any part of the visual depiction was created, produced,
7 reproduced, found, stored, received, or transmitted in violation of R.S. 14:81.7.
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 103 Original 2025 Regular Session Gadberry
Abstract: Creates the crime of indecent visual depiction of a minor, designates this crime
as a sex offense, and specifies proper venue for prosecution of this offense.
Proposed law provides that no person shall transmit an indecent visual depiction of the
intimate parts of a minor child with the malicious and willful intent to abuse, cause
emotional or physical distress, coerce, embarrass, harass, intimidate, provide sexual
stimulation or gratification, shame, or torment. Further provides that lack of knowledge of
age shall not constitute a defense.
Proposed law provides for penalties as follows:
(1)Upon a first conviction, imprisonment for not more than six months, a fine of not
less than $1,000, or both.
(2)Upon a second conviction, imprisonment for not more than five years at hard labor,
a fine of not less than $5,000, or both.
(3)Upon a third or subsequent conviction, imprisonment at hard labor for not more than
10 years, a fine of not less than $10,000, or both.
Proposed law provides that a second conviction of proposed law shall be considered a sex
offense as defined in present law (R.S. 15:541), and the offender shall be required to register
as a sex offender as provided in present law (Ch. 3-B of Title 15 of the La. Revised Statutes
of 1950).
Proposed law does not apply to an interactive computer service, electronic mail service
provider, a provider of a telecommunications service or any information service as defined
in federal law, or a system or access software provider that provides or enables computer
access by multiple users to a computer server that was used by a person to commit any act
prohibited by proposed law.
Proposed law does not apply to a person who transmits an indecent visual depiction of the
intimate parts of a minor child to any of the following:
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(1)A caseworker or representative of the Dept. of Children and Family Services or any
other state agency for the purpose of investigating potential child abuse or neglect.
(2)A medical professional for the purpose of seeking medical advice.
(3)A criminal justice agency in connection with a lawful criminal investigation.
(4)An attorney or court personnel in connection with any criminal or civil legal
proceeding that arises due to a violation of proposed law or any other provision of
present law (Title 14 of the La. Revised Statutes of 1950) that involves an unlawful
visual depiction of a minor child.
(5)A parent, legal guardian, family member, or other person most familiar with the
person under circumstances in which a reasonable person would know or understand
that there is no malicious intent and that the visual depiction is to remain private.
Such circumstances shall include but not be limited to any of the following:
(a)Visual depictions of prenatal care and services.
(b)Visual depictions of medical conditions for the purpose of obtaining medical
treatment or advice.
(c)Visual depictions that do not appeal to prurient interest or are not patently
offensive.
Proposed law provides that any person or entity that obtains an indecent visual depiction of
the intimate parts of a minor child pursuant to proposed law shall take measures to restrict
access to such depiction.
Proposed law defines the terms "criminal justice agency", "indecent visual depiction",
"intimate parts", "medical professional", "minor child", and "transmit" or "transmission".
Present law (R.S. 15:541) provides for definitions relative to sex offenders.
Proposed law retains present law.
Present law (R.S. 15:541(24)(a)) defines the term "sex offense".
Proposed law amends present law to include a second conviction of the proposed law crime
of indecent visual depiction of a minor within the term "sex offense".
Present law (C.Cr.P. Art. 611) provides that the venue for a trial is where the offense is
committed.
Proposed law retains present law.
Proposed law further provides that if the offender is charged with the proposed law crime
of indecent visual depiction of a minor, the offense is deemed to have been committed in
either of the following:
(1)The parish where the unlawful act occurred.
(2)The parish where any part of the visual depiction was created, produced, reproduced,
found, stored, received, or transmitted in violation of proposed law.
(Amends R.S. 15:541(24)(a); Adds R.S. 14:81.7 and C.Cr.P. Art. 611(F))
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