{
 "citation": "14:107.4",
 "heading": "Unlawful posting of criminal activity for notoriety and publicity",
 "doc_id": "508534",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=508534",
 "classification": "F",
 "enacted_year": "2008",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) Whoever violates the provisions of this Section and the criminal activity results in the serious bodily injury or death of the victim shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not more than eight years, or both.",
   "los_min": "0",
   "los_max": "8Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:107.4\n\n\u00a7107.4. Unlawful posting of criminal activity for notoriety and publicity\n\nA. It shall be unlawful for a person who is either a principal or accessory to a crime\nto obtain an image, live-stream, or video of the commission of the crime using any camera,\nvideotape, photo-optical, photo-electric, or any other image recording device and to transfer\nthat image, live-stream, or video obtained during the commission of the crime by the use of\na computer online service, internet service, or any other means of electronic communication,\nincluding but not limited to a local bulletin board service, internet chat room, electronic mail,\nor online messaging service for the purpose of gaining notoriety, publicity, or the attention\nof the public.\n\nB.(1) Whoever violates the provisions of this Section shall be fined not more than\nfive hundred dollars or imprisoned for not more than six months, or both.\n\n(2) Whoever violates the provisions of this Section and the criminal activity results\nin the serious bodily injury or death of the victim shall be fined not more than two thousand\ndollars, imprisoned with or without hard labor for not more than eight years, or both.\n\nC. The provisions of this Section shall not apply to any of the following:\n\n(1) The obtaining, use, or transference of such images, live-streams, or videos by a\ntelephone company, cable television company, or any of its affiliates, an internet provider,\nor commercial online service provider, or to the carrying, broadcasting, or performing of\nrelated activities in providing telephone, cable television, internet, or commercial online\nservices or in the production, exhibition, or presentation of an audiovisual work in any\nmedium, including but not limited to a motion picture or television program.\n\n(2) The obtaining, use, or transference of such images, live-streams, or videos by a\nlaw enforcement officer pursuant to investigation of criminal activity.\n\n(3) The obtaining, use, or transference of such images, live-streams, or videos by any\nbona fide member of the news media broadcasting a news report through television, cable\ntelevision, or other telecommunication.\n\n(4) The obtaining, use, or transference of such images, live-streams, or videos for use\nin a feature-length film, short subject film, video, television series, television program, public\nservice announcement, or commercial.\n\nD. After the institution of prosecution, access to any material seized as evidence of\nthis offense shall be in accordance with Code of Criminal Procedure Article 718.1.\n\nE. Any evidence resulting from the commission of unlawful filming or recording\ncriminal activity shall be contraband. The court, upon motion of the district attorney and\nafter a contradictory hearing, may order the destruction of the contraband after it is\ndetermined that it is no longer needed as evidence. The contraband shall be presumed to be\nnecessary as evidence if an appeal of the conviction is pending, if the convicted person is\npursuing post-conviction remedies, or if the time for pursuing an appeal or post-conviction\nremedies has not expired.\n\nF. For the purposes of this Section, \"live-stream\" shall mean a video of an event\ndistributed on the internet while the event is taking place.\n\nActs 2008, No. 660, \u00a71; Acts 2020, No. 353, \u00a72; Acts 2021, No. 462, \u00a71; Acts 2024,\nNo. 130, \u00a71."
}