{
 "citation": "14:283.3",
 "heading": "Abuse of persons with infirmities through electronic means",
 "doc_id": "1106738",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1106738",
 "classification": "F",
 "enacted_year": "2018",
 "last_amended_year": "2018",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Whoever commits the crime of abuse of persons with infirmities through electronic means shall, upon a first conviction thereof, 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": "C(2)",
   "text": "(2) On a second or subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned at hard labor for not more than three years without benefit of parole, probation, or suspension of sentence.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:283.3\n\n\u00a7283.3. Abuse of persons with infirmities through electronic means\n\nA. A person commits the crime of abuse of persons with infirmities through\nelectronic means when all of the following occur:\n\n(1) The person transfers an image that was obtained by any camera, videotape, photo-optical, photo-electric, unmanned aircraft system, or any other image recording device and\nthat was obtained for the purpose of observing, viewing, photographing, filming, or\nvideotaping any person with an infirmity.\n\n(2) The person transfers the image by live or recorded telephone message, electronic\nmail, the internet, or a commercial online service.\n\n(3) The person transfers the image with the malicious and willful intent to embarrass,\nshame, harass, coerce, abuse, torment, or intimidate, regardless of whether the victim has\nknowledge of the transfer.\n\nB. For purposes of this Section:\n\n(1) \"Person with an infirmity\" means a person who suffers from a mental or physical\ndisability, including those associated with advanced age, which renders the person incapable\nof adequately providing for his personal care. A person with an infirmity may include but\nis not limited to a person who is a resident of a nursing home, facility for persons with\nintellectual disabilities, mental health facility, hospital, or other residential facility or\nrecipients of home and community-based care.\n\n(2) \"Unmanned aircraft system\" means an unmanned, powered aircraft that does not\ncarry a human operator, can be autonomous or remotely piloted or operated, and can be\nexpendable or recoverable.\n\nC.(1) Whoever commits the crime of abuse of persons with infirmities through\nelectronic means shall, upon a first conviction thereof, be fined not more than one thousand\ndollars or imprisoned for not more than six months, or both.\n\n(2) On a second or subsequent conviction, the offender shall be fined not more than\ntwo thousand dollars and imprisoned at hard labor for not more than three years without\nbenefit of parole, probation, or suspension of sentence.\n\nD. The provisions of this Section shall not apply to the transference of such images\nby a telephone company, television broadcast licensee of the Federal Communications\nCommission, cable television company, or any of its affiliates, an internet provider, or\ncommercial online service provider, or to the carrying, broadcasting, or performing of related\nactivities in providing telephone, over-the-air television, cable television, internet, or\ncommercial online services.\n\nE. The provisions of this Section shall not apply to any healthcare provider through\nits use of any of its cameras, videotape, photo-optical, photo-electric, unmanned aircraft\nsystem, or any other image recording device within the facility.\n\nF. Any evidence resulting from the commission of abuse of persons with infirmities\nthrough electronic means shall be contraband.\n\nActs 2018, No. 263, \u00a71."
}