{
 "citation": "14:133.7",
 "heading": "Publication of certain criminal record information or juvenile record information",
 "doc_id": "1106737",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1106737",
 "classification": "F",
 "enacted_year": "2018",
 "last_amended_year": "2018",
 "penalties": [
  {
   "subsection": "F(1)",
   "text": "(1) On a first conviction shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "F(2)",
   "text": "(2) On a second conviction shall be fined not more than five thousand dollars, or imprisoned for not more than one year, or both.",
   "los_min": "0",
   "los_max": "1Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "F(3)",
   "text": "(3) On a third or subsequent conviction shall be fined not more than ten thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than one year, or both.",
   "los_min": "6M",
   "los_max": "1Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:133.7\n\n\u00a7133.7. Publication of certain criminal record information or juvenile record information\nprohibited\n\nA.(1) No person or business entity shall:\n\n(a) Publish confidential juvenile record information or confidential criminal record\ninformation of a child.\n\n(b) Publish any criminal history record or criminal history record information in the\nperson's or business entity's possession with respect to which the person or business entity\nhas received notice that either:\n\n(i) An order of expungement has been entered pursuant to Code of Criminal\nProcedure Article 971 et seq.\n\n(ii) An order of nondisclosure has been issued by a court of competent jurisdiction.\n\n(c) Charge a fee to remove, correct, or modify any criminal history record or criminal\nhistory record information that the person or business entity has published.\n\n(d) Continue to publish an incomplete or inaccurate criminal history record or\ninaccurate criminal history record information.\n\n(2) A person or business entity does not violate this Section if the person or business\nentity published confidential juvenile record information or confidential criminal record\ninformation of a child and:\n\n(a) The child who is the subject of the records gives written consent to the\npublication on or after the child reaches the age of eighteen years.\n\n(b) The publication of the information is authorized or required by any other\nprovision of law.\n\nB.(1) A person or business entity shall ensure that a criminal history record or\ncriminal history record information that the person or business entity publishes is complete\nand accurate.\n\n(2) For purposes of this Section, a criminal history record or criminal history record\ninformation published by a person or business entity is considered:\n\n(a) \"Complete\" if the information reflects the notations of arrest and the filing and\ndisposition of criminal charges, as applicable.\n\n(b) \"Accurate\" if the information reflects the most recent information received by the\nentity from a law enforcement agency, criminal justice agency, or any other governmental\nentity within sixty days preceding the date of publication.\n\n(3) The person or business entity shall clearly and conspicuously publish an email\naddress, facsimile transmission number, or mailing address in order to enable a person who\nis the subject of a criminal history record or criminal history record information published\nby the person or business entity to dispute the completeness or accuracy of the published\ninformation.\n\n(4) If a person or business entity receives a dispute regarding the completeness or\naccuracy of a criminal history record or criminal history record information from a person\nwho is the subject of the published information, the person or business entity shall, within\nthirty business days of receiving the notice of the dispute, verify with the appropriate law\nenforcement agency, criminal justice agency, or any other governmental entity, without cost\nto the person, the disputed information.\n\n(5) If the person or business entity finds an incomplete or inaccurate criminal history\nrecord or inaccurate criminal history record information after conducting an investigation as\nprescribed by this Section, the person or business entity shall promptly remove the inaccurate\ninformation from the website or other publication or shall promptly correct the information,\nas applicable.\n\n(6) The person or business entity shall provide written notice to the person who\ndisputed the completeness or accuracy of published information of the results of an\ninvestigation conducted under this Section not later than the fifth business day after the date\non which the investigation is completed.\n\nC.(1) If a person or business entity receives a written notice from any person that the\nperson or business entity is publishing information in violation of this Section, the person or\nbusiness entity shall immediately remove the information from the website or publication.\n\n(2) If the person or business entity confirms that the information is not confidential\njuvenile record information or confidential criminal record information of a child and the\npublication of the information is not otherwise prohibited, the person or business entity may\nrepublish the information.\n\nD.(1) Except as provided in Paragraph (2) of this Subsection, this Section shall apply\nto:\n\n(a) A person or business entity that publishes a criminal history record or criminal\nhistory record information, including information originally obtained pursuant to a public\nrecords request or purchased or otherwise obtained from a law enforcement agency, criminal\njustice agency, or any other governmental entity.\n\n(b) A person or business entity that publishes confidential juvenile record\ninformation or confidential criminal record information of a child in any manner not\npermitted by Children's Code Article 412 or other provision of law, regardless of the source\nof the information.\n\n(2) This Chapter shall not apply to:\n\n(a) Any statewide juvenile information sharing system authorized by Children's Code\nArticle 541 or other provision of law.\n\n(b) A publication of general circulation or an internet website related to such a\npublication that contains news or other information, including a magazine, periodical\nnewsletter, newspaper, pamphlet, or report.\n\n(c) A radio or television station that holds a license issued by the Federal\nCommunications Commission.\n\n(d) A telecommunications provider.\n\n(e) A movie, film, or audiovisual work.\n\nE. For purposes of this Section:\n\n(1) \"Confidential criminal record information of a child\" means information relative\nto a person's involvement in the criminal justice system resulting from conduct that occurred\nor was alleged to occur when the person was younger than eighteen years of age and that is\nconfidential pursuant to Children's Code Article 412 or any other provision of law. This term\ndoes not include:\n\n(a) A criminal history record or criminal history record information of a person who\nis to stand trial as an adult for that conduct, as provided by Children's Code Article 305 or\nany other provision of law.\n\n(b) Records or information relating to a traffic offense.\n\n(2) \"Confidential juvenile record information\" means information about a person's\ninvolvement in the juvenile justice system that is confidential, sealed, under restricted access,\nor required to be destroyed under any provision of law, including:\n\n(a) A description or notation of any referral to a juvenile probation department or\ncourt with jurisdiction over the juvenile, including any instances of being taken into custody,\nany informal disposition of a custodial or referral event, or any formal charges and the\ndisposition of those charges.\n\n(b) A photograph or photographs of the person taken pursuant to a custodial event\nor other involvement in the juvenile justice system.\n\n(c) Personal identifying information of the person contained in any other records of\nthe person's involvement in the juvenile justice system.\n\n(3) \"Criminal history record\" or \"criminal history record information\" mean\ninformation collected by criminal justice agencies on individuals consisting of identifiable\ndescriptions and notations of arrests, detentions, indictments, bills of information, or any\nformal criminal charges, and any disposition arising therefrom, including sentencing,\ncorrectional supervision, and release. These terms do not include intelligence or\ninvestigatory purposes, nor does it include any identification information that does not\nindicate involvement of the individual in the criminal justice system. These terms do not\ninclude records of juvenile criminal conduct. These terms include but are not limited to the\nfollowing:\n\n(a) A description or notation of any arrests, any formal criminal charges, and the\ndispositions of those criminal charges.\n\n(b) A photograph or photographs of the person taken pursuant to an arrest or other\ninvolvement in the criminal justice system.\n\n(c) Personal identifying information of a person displayed in conjunction with any\nother record of the person's involvement in the criminal justice system.\n\n(4) \"Criminal justice agency\" means any government agency or subunit thereof, or\nprivate agency that, through statutory authorization or a legal formal agreement with a\ngovernmental unit or agency, has the power of investigation, arrest, detention, prosecution,\nadjudication, treatment, supervision, rehabilitation or release of persons suspected, charged,\nor convicted of a crime, or that collects, stores, processes, transmits, or disseminates criminal\nhistory record or crime information.\n\n(5) \"Juvenile justice system\" means the system of public and private services in\nLouisiana that includes prevention, early identification, early intervention, child protection,\nlaw enforcement, prosecution, defense, adjudication, diversion and informal processing,\nprobation, corrections, aftercare, transitional living, and other services provided to children\nand families who either are or are likely to be brought into a court with juvenile jurisdiction\nbecause of problems such as abuse, neglect or abandonment, mental illness, substance abuse,\naspects of a divorce and breakup of families, predelinquency, social irresponsibility or\ndelinquent behavior, or domestic abuse involving children.\n\n(6) \"Personal identifying information\" means information that alone or in\nconjunction with other information identifies a person, including a person's name, address,\ndate of birth, photograph, and social security number or other government-issued\nidentification number.\n\n(7) \"Publish\" means:\n\n(a) In the case of the records of adults, to communicate or make information\navailable to another person on a publicly available internet website or in any other\npublication that charges a fee for the removal of the information.\n\n(b) In the case of the records of a juvenile, to communicate or make information\navailable to another person by any means, including but not limited to a publicly available\ninternet website that charges a fee for the removal of the information.\n\nF. Whoever violates any provision of this Section:\n\n(1) On a first conviction shall be fined not more than one thousand dollars, or\nimprisoned for not more than six months, or both.\n\n(2) On a second conviction shall be fined not more than five thousand dollars, or\nimprisoned for not more than one year, or both.\n\n(3) On a third or subsequent conviction shall be fined not more than ten thousand\ndollars, or imprisoned, with or without hard labor, for not less than six months nor more than\none year, or both.\n\nG. In addition to the penalties provided by Subsection F of this Section, a person or\nbusiness entity that publishes information in violation of any provision of this Section shall\nbe liable to pay restitution to the individual who is the subject of the information in an\namount not to exceed five hundred dollars for each separate violation and, in the case of a\ncontinuing violation, an amount not to exceed five hundred dollars for each subsequent day\non which the violation occurs.\n\nH. Venue shall be appropriate in the jurisdiction where the subject of publication\nresides and where the offense was committed.\n\nActs 2018, No. 385, \u00a71."
}