14:81.1 H.Pornography involving juveniles - Section does not applly to a provider of an computer service, telecommunications service or cable operator
The provisions of this Section shall not apply to a provider of an interactive computer service, provider of a telecommunications service, or a cable operator as defined by the provisions of this Section.
Effective: 08/15/2010 - Present
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14:81.1(B)(1).Pornography involving juveniles - definitions - Access software provider
Definitions of: 'access software provider', '(1) 'Access software provider' means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content.
(b) Select, choose, analyze, or digest content.
(c) Transmit, receive, display, forward, cache, search, organize, reorganize, or translate content.
Effective: 08/15/2010 - Present
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14:81.1(B)(10)Pornography involving juveniles - definition: 'Sexual performance'
Definitions of: 'Sexual performance' means any performance or part thereof that includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.
Effective: 08/15/2010 - Present
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14:81.1(B)(11)Pornography involving juveniles - definition: 'Telecommunications service'
Definitions of: 'Telecommunications service' means the offering of telecommunications for a fee directly to the public, regardless of the facilities used.
Effective: 08/15/2010 - Present
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14:81.1(B)(2)Pornography involving juveniles - definitions - Cable operator
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(B)(3)Pornography involving juveniles - definitions: Coerce
(3) 'Coerce' shall include but not be limited to any of the following:
(a) Causing or threatening to cause serious bodily injury.
(b) Physically restraining or threatening to physically restrain another person.
(c) Abduction or threatened abduction of an individual.
(d) The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual.
(e) The abuse or threatened abuse of law or legal process.
(f) The actual or threatened destruction, concealment, removal, confiscation, or possession of any actual
Effective: 08/15/2010 - Present
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14:81.1(B)(4)Pornography involving juveniles - definitions - 'Debt bondage'
Definitions of: 4) 'Debt bondage' means inducing an individual to provide any of the following:
(a) Commercial sexual activity in payment toward or satisfaction of a real or purported debt.
(b) Labor or services in payment toward or satisfaction of a real or purported debt if either of the following occur:
(i) The reasonable value of the labor or services provided is not applied toward the liquidation of the debt.
(ii) The length of the labor or services is not limited and the nature of the labor or services is not defined.
Effective: 08/15/2010 - Present
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14:81.1(B)(6)Pornography involving juveniles - definitions - Interactive computer service'
Definitions of: 'Interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
Effective: 08/15/2010 - Present
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14:81.1(B)(7)Pornography involving juveniles - definitions 'Labor or services'
Definitions of Labor or services' mean activity having economic value.
Effective: 08/15/2010 - Present
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14:81.1(B)(8)Pornography involving juveniles - definition: 'Pornography involving juveniles'
Definitions of: Pornography involving juveniles' is any photograph, videotape, film, or other reproduction, whether electronic or otherwise, of any sexual performance involving a child under the age of seventeen.
Effective: 08/15/2010 - Present
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14:81.1(B)(9)Pornography involving juveniles - definition: 'Produce
Definitions of:Produce' means to photograph, videotape, film, or otherwise reproduce pornography involving juveniles, or to solicit, promote, or coerce any child for the purpose of pornography involving juveniles.
Effective: 08/15/2010 - Present
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14:81.1.1'Sexting'
'Sexting'; prohibited acts; penalties
Effective: 08/15/2010 - Present
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14:81.1.1 A.(1)Sexting - no person under 17 shall knowingly and voluntarily use a computer or telecommunication device to transmit indecent visual depiction
No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.
Effective: 08/15/2010 - Present
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14:81.1.1 A.(2)Sexting - no person under 17 shall knowingly and possess or transmit an indecent visual depiction transmitted by another under the age of 17 years
No person under the age of seventeen 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 of Paragraph (1) of this Subsection.
Effective: 08/15/2010 - Present
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14:81.1.1 B.Sexting - definitions as used in this Section
Definitions of 'indecent visual depction', 'sexually explicit conduct', 'telecommunication device' and 'transmit' as used in this Section
Effective: 08/15/2010 - Present
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14:81.1.1 C.Sexting - offense deemed to have been committed at the place which transmistted or received
Any offense committed by use of a computer or telecommunication device as set forth in this Section shall be 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.
Effective: 05/28/2014 - Present
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14:81.1.1 D.(1)Sexting - violation of Paragraph (A)(1) governed by Title VII of Louisiana Childrens Code
For a violation of the provisions of Paragraph (A)(1) of this Section, the offender's disposition shall be governed exclusively by the provisions of Title VII of the Louisiana Children's Code.
Effective: 05/28/2014 - Present
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14:81.1.1 D.(2)(a)Sexting - penalty for first offense violation of (A)(2)
For a first offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, imprisoned for not more than ten 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 two eight-hour days of court-approved community service.
Effective: 05/28/2014 - Present
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14:81.1.1 D.(2)(b)Sexting - penalty for second offense violation of (A)(2)
(b) For a second offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, imprisoned for not less than ten days nor more than thirty 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 five eight-hour days of court-approved community service.
Effective: 05/28/2014 - Present
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14:81.1.1 D.(2)(c)Sexting - penalty for third or subsequent offense violation of (A)(2)
(c) For a third or any subsequent offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than five hundred dollars nor more than seven hundred fifty dollars, imprisoned for not less than thirty days nor more than six 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 ten eight-hour days of court-approved community service.
Effective: 05/28/2014 - Present
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14:81.2Molestation of a juvenile or a person with a physical or mental disability
Molestation of a juvenile or a person with a physical or mental disability
Effective: 07/26/1984 - Present
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14:81.2 A.(1)Molestation of a juvenile or person with physical or mental disability
Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence of any child under the age of seventeen, where there is an age difference of greater than two years between the two persons, with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile. Lack of knowledge of the juvenile's age shall not be a defense.
Effective: 08/15/2011 - Present
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14:81.2 A.(2)(a)Molestation of a juvenile or person with physical or mental disability - molestation of victim that has paraplegia, quadriplegia or otherwise incapable of preventing the act
Molestation of a person with a physical or mental disability is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the victim or in the presence of any victim with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the victim, when the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.
Effective: 08/15/2011 - Present
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14:81.2 A.(2)(b)Molestation of a juvenile or person with physical or mental disability - molestation of victim that is incapable, through unsoundness of mind, of understanding the nature of the act, and offender knew or should have known
Molestation of a person with a physical or mental disability is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the victim or in the presence of any victim with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the victim, when the victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.
Effective: 08/15/2011 - Present
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14:81.2 A.(2)(c)Molestation of a juvenile or person with physical or mental disability - molestation of victim that is 65 years of age or older
Molestation of a person with a physical or mental disability is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the victim or in the presence of any victim with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the victim, when the victim is sixty-five years of age or older.
Effective: 08/15/2011 - Present
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