{
 "citation": "14:283",
 "heading": "Video voyeurism; penalties",
 "doc_id": "78391",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78391",
 "classification": "F",
 "enacted_year": "2020",
 "last_amended_year": "2021",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection, whoever commits the crime of video voyeurism shall, upon a first conviction thereof, be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(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 less than six months nor more than three years without benefit of parole, probation, or suspension of sentence.",
   "los_min": "6M",
   "los_max": "3Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(3)",
   "text": "(3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than ten thou",
   "los_min": "1Y",
   "los_max": "",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(4)",
   "text": "(4) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of seventeen with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than two years or more than ten years without benefit of parole, ",
   "los_min": "2Y",
   "los_max": "",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "15:541"
 ],
 "text": "RS 14:283\n\n\u00a7283. Video voyeurism; penalties\n\nA. Video voyeurism is any of the following:\n\n(1) The use of any camera, videotape, photo-optical, photo-electric, or any other\nimage recording device, or an unmanned aircraft system equipped with any camera,\nvideotape, photo-optical, photo-electric, or any other image recording device, for the purpose\nof observing, viewing, photographing, filming, or videotaping a person where that person has\nnot consented to the specific instance of observing, viewing, photographing, filming, or\nvideotaping and either:\n\n(a) It is for a lewd or lascivious purpose.\n\n(b) The observing, viewing, photographing, filming, or videotaping is as described\nin Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a\nreasonable expectation of privacy.\n\n(2) The transfer of an image obtained by activity described in Paragraph (1) of this\nSubsection by live or recorded telephone message, electronic mail, the Internet, or a\ncommercial online service.\n\n(3) The manipulation of a victim who has not yet attained the age of seventeen or\nwho is reasonably believed to have not yet attained the age of seventeen to use any camera,\nvideotape, photo-optical, photo-electric, or any other image recording device or an unmanned\naircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any\nother image recording device to photograph, film, or videotape oneself to send to the person\nmanipulating the victim for a lewd or lascivious purpose.\n\nB.(1) Except as provided in Paragraphs (3) and (4) of this Subsection, whoever\ncommits the crime of video voyeurism shall, upon a first conviction thereof, be fined not\nmore than two thousand dollars or imprisoned, with or without hard labor, for not more than\ntwo years, 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 less than six months nor more than\nthree years without benefit of parole, probation, or suspension of sentence.\n\n(3) Whoever commits the crime of video voyeurism when the observing, viewing,\nphotographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or\nsimulated sexual intercourse, masturbation, any portion of the female breast below the top\nof the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals\nshall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less\nthan one year or more than five years, without benefit of parole, probation, or suspension of\nsentence.\n\n(4) Whoever commits the crime of video voyeurism when the observing, viewing,\nphotographing, filming, or videotaping is of any child under the age of seventeen with the\nintention of arousing or gratifying the sexual desires of the offender shall be fined not more\nthan ten thousand dollars and be imprisoned at hard labor for not less than two years or more\nthan ten years without benefit of parole, probation, or suspension of sentence.\n\nC. The provisions of this Section shall not apply to the transference of such images\nby a telephone company, cable television company, or any of its affiliates, an Internet\nprovider, or commercial online service provider, or to the carrying, broadcasting, or\nperforming of related activities in providing telephone, cable television, Internet, or\ncommercial online services.\n\nD, E. Repealed by Acts 2020, No. 352, \u00a72.\n\nF. A violation of the provisions of this Section shall be considered a sex offense as\ndefined in R.S. 15:541. Whoever commits the crime of video voyeurism shall be required\nto register as a sex offender as provided for in Chapter 3-B of Title 15 of the Louisiana\nRevised Statutes of 1950.\n\nG. For purposes of this Section, \"unmanned aircraft system\" means an unmanned,\npowered aircraft that does not carry a human operator, can be autonomous or remotely\npiloted or operated, and can be expendable or recoverable.\n\nH. This Section shall not apply to any bona fide news or public interest broadcast,\nwebsite, video, report, or event and shall not be construed to affect the rights of any\nnews-gathering organization.\n\nActs 1999, No. 1240, \u00a71; Acts 2003, No. 690, \u00a71; Acts 2003, No. 1245, \u00a71; Acts\n2016, No. 635, \u00a71; Acts 2018, No. 630, \u00a71; Acts 2020, No. 352, \u00a72; Acts 2021, No. 186, \u00a71."
}