Sexting Laws Louisiana
The law in New Orleans on Sexting can be found under Louisiana Revised Statute 14:81.1.1. The law states that no person under the age of 17 years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.
Additionally, no person under the age of 17 years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions above.
Penalties for Sexting in New Orleans
First offense — fined not less than $100.00 nor more than $250.00, imprisoned for not more than 10 days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 2 8-hour days of court-approved community service.
Second offense — fined not less than $250.00 nor more than $500.00, imprisoned for not less than 10 days nor more than 30 days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 5 8-hour days of court-approved community service.
Third or any subsequent offense — fined not less than $500.00 nor more than $750.00, imprisoned for not less than 30 days nor more than 6 months, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 10 8-hour days of court-approved community service.
Definitions
“Indecent visual depiction” means any photograph, videotape, film, or other reproduction of a person under the age of seventeen years engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image.
“Sexually explicit conduct” means masturbation or lewd exhibition of the genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age of seventeen years.
“Telecommunication device” means an analog or digital electronic device which processes data, telephonic, video, or sound transmission as part of any system involved in the sending or receiving of voice, sound, data, or video transmissions.
“Transmit” means to give, distribute, transfer, transmute, circulate, or disseminate by use of a computer or telecommunication device.
Noteworthy
Any offense committed by use of a computer or telecommunication device is deemed to have been committed at either the place from which the indecent visual depiction was transmitted or at the place where the indecent visual depiction was received.
Legal Assistance
If you have been accused of Sexting and any other computer crime in New Orleans, contact our New Orleans Defense Attorney, Elizabeth B. Carpenter.
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana attorney.