14:106 A.(2)(a)Obscenity - intentional participation or engagment in, or management, operation, production, advertisment of hard core sexual conduct
The crime of obscenity is the intentional participation or engagement in, or management, operation, production, presentation, performance, promotion, exhibition, advertisement, sponsorship, electronic communication, or display of, hard core sexual conduct when the trier of fact determines that the average person applying contemporary community standards would find that the conduct, taken as a whole, appeals to the prurient interest; and the hard core sexual conduct, as specifically defined herein, is presented in a patently offensive way; and the conduct taken as a whole lacks serious literary, artistic, political, or scientific value.
Effective: 08/15/2003 - Present
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14:106 A.(2)(b)Obscenity - definition of 'hard core sexual conduct'
Hard core sexual conduct is the public portrayal of ultimate sexual acts, normal or perverted, actual, simulated, or animated, whether between human beings, animals, or an animal and a human being; masturbation, excretory functions or lewd exhibition; actual, simulated, or animated, of the genitals, pubic hair, anus, vulva, or female breast nipples; sadomasochistic abuse by or upon a person who is nude or clad in undergarments or in a costume that reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or in the condition of being fettered, bound, or otherwise physically restrained; actual, simulated or animated touching of certain body parts; actual, simulated or animated stimulation of human genital organ.
Effective: 08/30/1983 - Present
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14:106 A.(3)(a)Obscenity - intentional sale, allocation, consignment, distribution, dissemination, advertisement or display of obscene material
The crime of obscenity is the intentional sale, allocation, consignment, distribution, dissemination, advertisement, exhibition, electronic communication, or display of obscene material, or the preparation, manufacture, publication, electronic communication, or printing of obscene material for sale, allocation, consignment, distribution, advertisement, exhibition, electronic communication, or display.
Effective: 08/15/2003 - Present
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14:106 A.(3)(b)Obscenity - intentional sale, allocation, consignment, distribution, dissemination, advertisement or display of obscene material
The crime of obscenity is the intentional sale, allocation, consignment, distribution, dissemination, advertisement, exhibition, electronic communication, or display of obscene material, or the preparation, manufacture, publication, electronic communication, or printing of obscene material for sale, allocation, consignment, distribution, advertisement, exhibition, electronic communication, or display.
Effective: 08/15/2003 - Present
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14:106 A.(4)Obscenity - requiring purchase of obscene content as a condition to a sale, allocation, consignment or delivery or any paper, magazine, book, periodical or publication
The crime of obscenity is the intentional requiring as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication to a purchaser or consignee that such purchaser or consignee also receive or accept any obscene material, as defined in Paragraph (3) of this Subsection, for resale, distribution, display, advertisement, electronic communication, or exhibition purposes; or, denying or threatening to deny a franchise to, or imposing a penalty, on or against, a person by reason of his refusal to accept, or his return of, such obscene material.
Effective: 08/15/2003 - Present
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14:106 A.(5)Obscenity - solicitation or enticement of an unmarried person under the age of seventeen years to commit any act prohibited by Paragraphs (1), (2), or (3) of this Subsection.
The crime of obscenity is the intentional solicitation or enticement of an unmarried person under the age of seventeen years to commit any act prohibited by Paragraphs (1), (2), or (3) of this Subsection.
Effective: 09/11/1981 - Present
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14:106 A.(6)Obscenity - advertisement, exhibition, electronic communication, or display of sexually violent material
The crime of obscenity is the intentional advertisement, exhibition, electronic communication, or display of sexually violent material. 'Violent material' is any tangible work or thing which the trier of facts determines depicts actual or simulated patently offensive acts of violence, including but not limited to, acts depicting sadistic conduct, whippings, beatings, torture, and mutilation of the human body, as described in Item (2)(b)(iii) of this Subsection.
Effective: 08/15/2003 - Present
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14:106 A.(7)Obscenity - transmission of an advertisement knowing the content to be sexually explicit
The crime of obscenity is the intentional transmission or causing the transmission by a person, knowing the content of an advertisement to be sexually explicit as defined in this Paragraph, of an unsolicited advertisement containing sexually explicit materials in an electronic communication to one or more persons within this state without including in the advertisement the term 'ADV-ADULT' at the beginning of the subject line of the advertisement. A 'subject line' is the area of an electronic communication that contains a summary description of the content of the message.
Effective: 08/01/2012 - Present
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14:106 A.(8)Obscenity - transmission or causing the transmission of an unsolicited text message containing sexually explicit materials
The crime of obscenity is the intentional transmission or causing the transmission by a person, knowing its content to be sexually explicit as defined in this Paragraph, of an unsolicited text message containing sexually explicit materials to a wireless telecommunications device of one or more persons within this state.
Effective: 08/01/2012 - Present
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14:106 BObscenity - lack of knowledge of age or marital status shall not constitute a defense
Lack of knowledge of age or marital status shall not constitute a defense.
Effective: 09/11/1981 - Present
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14:106 B.Obscenity - lack of knowledge of age or marital status shall not constitute a defense
Lack of knowledge of age or marital status shall not constitute a defense.
Effective: 09/11/1981 - Present
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14:106 C.Obscenity - employee arrested while acting in course and scope of employment shall be reimbursed for legal and defense fees by employer
If any employee of a theatre or bookstore acting in the course or scope of his employment, is arrested for an offense designated in this Section, the employer shall reimburse the employee for all attorney's fees and other costs of defense of such employee. Such fees and expenses may be fixed by the court exercising criminal jurisdiction after contradictory hearing or by ordinary civil process.
Effective: 09/11/1981 - Present
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14:106 D.Obscenity - exceptions; definitions
The provisions of this Section do not apply to recognized and established schools, churches, museums, medical clinics, hospitals, physicians, public libraries, governmental agencies, quasi-governmental sponsored organizations and persons acting in their capacity as employees or agents of such organizations, or a person solely employed to operate a movie projector in a duly licensed theatre.
Effective: 08/30/1983 - Present
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14:106 E.Obscenity - section does not preempt regulation of obscenity by municipalities, parishes and consolidated city-parish governments
This Section does not preempt, nor shall anything in this Section be construed to preempt, the regulation of obscenity by municipalities, parishes, and consolidated city-parish governments; however, in order to promote uniform obscenity legislation throughout the state, the regulation of obscenity by municipalities, parishes, and consolidated city-parish governments shall not exceed the scope of the regulatory prohibitions contained in the provisions of this Section.
Effective: 09/11/1981 - Present
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14:106 F.Obscenity - except for materials showing ultimate sexual acts, an adversarial hearing shall be conducted to determine whether material was obscene, procedure for hearing
Except for those motion pictures, printed materials, electronic communication and photographic materials showing actual ultimate sexual acts or simulated or animated ultimate sexual acts when there is an explicit, close-up depiction of human genital organs so as to give the appearance of the consummation of ultimate sexual acts, no person, firm, or corporation shall be arrested, charged, or indicted for any violations of a provision of this Section until such time as the material involved has first been the subject of an adversarial hearingwherein such person, firm, or corporation is made a defendant and, after such material is declared by the court to be obscene, such person, firm, or corporation continues to engage in the conduct.
Effective: 08/15/2003 - Present
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14:106 G.(1)Obscenity - first offense penalty
Except as provided in Paragraph (5) of this Subsection, on a first conviction, whoever commits the crime of obscenity shall be fined not less than one thousand dollars nor more than two thousand five hundred dollars, or imprisoned, with or without hard labor, for not less than six months nor more than three years, or both.
Effective: 08/01/2012 - Present
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14:106 G.(2)Obscenity - second offense penalty
Except as provided in Paragraph (5) of this Subsection, on a second conviction, the offender shall be imprisoned, with or without hard labor for not less than six months nor more than three years, and in addition may be fined not less than two thousand five hundred dollars nor more than five thousand dollars. The imprisonment provided for in Subparagraph (a) of this Paragraph, may be imposed at court discretion if the court determines that the offender, due to his employment, could not avoid engagement in the offense. This Subparagraph shall not apply to the manager or other person in charge of an establishment selling or exhibiting obscene material.
Effective: 08/01/2012 - Present
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14:106 G.(3)Obscenity - third or subsequent offense penalty
Except as provided in Paragraph (5) of this Subsection, on a third or subsequent conviction, the offender shall be imprisoned with or without hard labor for not less than two years nor more than five years, and in addition may be fined not less than five thousand dollars nor more than ten thousand dollars.
Effective: 08/01/2012 - Present
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14:106 G.(4)Obscenity - penalty when violation of A. (1), (2) or (3) is with or int he presence of an unmarried person under 17 years of age
(4) When a violation of Paragraph (1), (2), or (3) of Subsection A of this Section is with or in the presence of an unmarried person under the age of seventeen years, the offender shall be fined not more than ten thousand dollars and shall be imprisoned, with or without hard labor, for not less than two years nor more than five years, without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2012 - Present
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14:106 H.Obscenity - penalty for violation of A(7) or (8)
Whoever violates the provisions of Paragraphs (A)(7) or (A)(8) of this Section may be fined not less than one hundred dollars nor more than five hundred dollars.
Effective: 09/11/1981 - Present
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14:106 I.Obscenity - Notice requirements of a violation of A(1) to every principal or headmaster within 2,000 feet of where the incident occurred
When an act of obscenity as defined in Paragraph (A)(1) of this Section is reported, the law enforcement agency acting in response to the reported incident shall provide notice of the incident to the principal or headmaster of each school located within two thousand feet of where the incident occurred. This notice shall be provided by the law enforcement agency to the principal or headmaster within twenty-four hours of receiving the report of the incident and by any reasonable means, including but not limited to live or recorded telephone message or electronic mail.
Effective: 08/01/2014 - Present
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14:106.1 A.Promotion or wholesale promotion of obscene devices - definitions of 'obscene device' and 'promote'
For the purposes of this Section, the following definitions shall apply unless the context clearly requires otherwise, 'obscene device' means a device, including an artificial penis or artificial vagina, which is designed or marketed as useful primarily for the stimulation of human genital organs and, 'promote' means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, distribute, circulate, disseminate, present, or exhibit, including the offer or agreement to do any of these things, for the purpose of sale or resale.
Effective: 09/06/1985 - Present
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14:106.1 B.Promotion or wholesale promotion of obscene devices - charging
No person shall knowingly and intentionally promote an obscene device.
Effective: 09/06/1985 - Present
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14:106.1 C.(1)Promotion or wholesale promotion of obscene devices - first offense penalty
On a first conviction, whoever commits the crime of promoting an obscene device shall be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned with or without hard labor for not less than six months nor more than three years, or both.
Effective: 09/06/1985 - Present
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14:106.1 C.(2)Promotion or wholesale promotion of obscene devices - second offense penalty
On a second conviction, the offender shall be imprisoned with or without hard labor for not less than six months nor more than three years, and in addition may be fined not less than two thousand five hundred dollars nor more than five thousand dollars.
Effective: 09/06/1985 - Present
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