14:81(H)(1)Indecent behavior with juveniles - penalty for indecent behavior with juveniles
Whoever commits the crime of indecent behavior with juveniles shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than seven years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.
Effective: 08/15/2006 - Present
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14:81(H)(2)Indecent behavior with juveniles - penalty for indecent behavior with with victim under age of 13 when offender is 17 years of age or older
Whoever commits the crime of indecent behavior with juveniles on a victim under the age of thirteen when the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than two nor more than twenty-five years. At least two years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/2006 - Present
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14:81.1Pornography involving juveniles
Pornography involving juveniles
Effective: 07/15/1977 - Present
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14:81.1 A.(1)Pornography involving juveniles - unlawful to produce, promote, advertise, distribute, possess or possess pornography involving juveniles
It shall be unlawful for a person to produce, promote, advertise, distribute, possess, or possess with the intent to distribute pornography involving juveniles.
Effective: 08/01/2012 - Present
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14:81.1 A.(2)Pornography involving juveniles - unlawful for a parent, legal guardian, or custodian of a child to consent to the participation of the child in pornography involving juveniles
It shall also be a violation of the provision of this Section for a parent, legal guardian, or custodian of a child to consent to the participation of the child in pornography involving juveniles.
Effective: 08/15/2010 - Present
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14:81.1 B.Pornography involving juveniles - definitions
Definitions of: 'access software provider', 'cable operator', 'coerce', 'debt bondage', 'distribute', 'interactive computer service', 'labor or services', 'pornography involving juveniles', 'produce', 'sexual performance', and 'telecommunications service'.
Effective: 08/15/2010 - Present
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14:81.1 C.Pornography involving juveniles - possession of 3 or more of certain items shall be evidence of intent to distribute
Possession of three or more of the same photographs, images, films, videotapes, or other visual reproductions shall be prima facie evidence of intent to sell or distribute. Possession of three or more photographs, images, films, videotapes, or other visual reproductions and possession of any type of file sharing technology or software shall be prima facie evidence of intent to sell or distribute.
Effective: 08/15/2010 - Present
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14:81.1 D.Pornography involving juveniles - lack of knowledge of age shall not be defense
Lack of knowledge of the juvenile's age shall not be a defense. It shall not be a defense to prosecution for a violation of this Section that the juvenile consented to participation in the activity prohibited by this Section.
Effective: 08/01/2012 - Present
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14:81.1 E.(1)(a)Pornography involving juveniles - possession first offense penalty
Whoever intentionally possesses pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2012 - Present
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14:81.1 E.(1)(b)Pornography involving juveniles - possession second or subsequent offense offense penalty
On a second or subsequent conviction for the intentional possession of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2018 - Present
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14:81.1 E.(2)(a)Pornography involving juveniles - distribution or intent to distribute first offense penalty
Whoever distributes or possesses with the intent to distribute pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2012 - Present
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14:81.1 E.(2)(b)Pornography involving juveniles - distribution or intent to distribute second or subsequent offense penalty
On a second or subsequent conviction for distributing or possessing with the intent to distribute pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2018 - Present
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14:81.1 E.(3)Pornography involving juveniles - penalty for parent who consents to participation
Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.
Effective: 08/01/2018 - Present
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14:81.1 E.(4)(a)Pornography involving juveniles - penalty for one who engages in promotion, advertisement, or production of pornography involving juveniles
Whoever engages in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.
Effective: 08/01/2018 - Present
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14:81.1 E.(4)(b)Pornography involving juveniles - second or subsequent offense penalty for one who engages in promotion, advertisement, or production of pornography involving juveniles
On a second or subsequent conviction for promotion, advertisement, or production of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than twenty years nor more than forty years, without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2018 - Present
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14:81.1 E.(5)(a)Pornography involving juveniles - modified penalty for violation of 14: 81.1 E.(1), (2) or (3) when victim is under 13 and offender is 17 or older
Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (1), (2), or (3) of this Subsection when the victim is under the age of thirteen years and the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than one-half the longest term nor more than twice the longest term of imprisonment provided in Paragraphs (1), (2), and (3) of this Subsection. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/2010 - Present
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14:81.1 E.(5)(b)Pornography involving juveniles - penalty for violation of 14:81.1 E.(4) when victim is under 13 and the offender is 17 or older
Whoever engages in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.
Effective: 08/15/2010 - Present
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14:81.1 E.(5)(c)Pornography involving juveniles - court shall order property used in commission of the offense
In addition, the court shall order that the personal property used in the commission of the offense, or the proceeds of any such conduct, shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney, or otherwise distributed or disposed of, in accordance with R.S. 15:539.1.
Effective: 06/17/2017 - Present
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14:81.1 E.(5)(d)Pornography involving juveniles - listing of items which may be made subject to seizure and sale
The personal property made subject to seizure and sale pursuant to Subparagraph (c) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media, and currency, instruments, or securities.
Effective: 06/17/2017 - Present
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14:81.1 E.(5)(e)Pornography involving juveniles - Electronic Monitoring for the remainder of natural life
Upon completion of the term of imprisonment imposed in accordance with Subparagraphs (5)(a) and (b) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the electronic monitoring for the remainder of his natural life
Effective: 08/15/2010 - Present
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14:81.1 E.(5)(f)Pornography involving juveniles - offender shall pay the cost of such monitoring
Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
Effective: 08/15/2010 - Present
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14:81.1 E.(5)(g)Pornography involving juveniles - costs borne by department if and only if to the degree that funds are available
The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
Effective: 08/15/2010 - Present
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14:81.1 E.(5)(h)Pornography involving juveniles - DPSC shall develop, adopt and promulgate rules to provide for payment of such costs
(h) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act, that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
Effective: 08/15/2010 - Present
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14:81.1 F.Pornography involving juveniles - evidence shall be contraband and shall be sent to the internet crimes against children division within the attorney general's office
Any evidence of pornography involving a child under the age of seventeen shall be contraband. Such contraband shall be seized in accordance with law and shall be disposed of in accordance with R.S. 46:1845. Upon the filing of any information or indictment the investigating law enforcement agency which seized the photographs, films, videotapes, or other visual reproductions shall provide copies of those reproductions to the Internet crimes against children division within the attorney general's office.
Effective: 08/15/2009 - Present
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14:81.1 G.Pornography involving juveniles - factors which the trier of fact may use to determine whether or not the person was under 17 years of age
In prosecutions for violations of this Section, the trier of fact may determine, utilizing the following factors, whether or not the person displayed or depicted in any photograph, videotape, film, or other video reproduction introduced in evidence was under the age of seventeen years at the time of filming or recording: the general body growth, bone structure, and bone development of the person, the development of pubic or body hair, the development of the person's sexual organs, the context in which the person is placed or the age attributed to the person, available expert testimony and other information as available
Effective: 08/21/1992 - Present
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