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Rs 14:283 Video Voyeurism; Penalties

§283. Video voyeurism; penalties

A. Video voyeurism is any of the following:

(1) The use of any camera, videotape, photo-optical, photo-electric, unmanned

aircraft system, or any other image recording device for the purpose of observing, viewing,

photographing, filming, or videotaping a person where that person has not consented to the

observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious

purpose.

(2) The transfer of an image obtained by activity described in Paragraph (1) of this

Subsection by live or recorded telephone message, electronic mail, the Internet, or a

commercial online service.

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.

(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.

(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 thousand dollars and be imprisoned at hard labor for not less

than one year or more than five years, without benefit of parole, probation, or suspension of

sentence.

(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, probation, or suspension of sentence.

C. The provisions of this Section shall not apply to the transference of such images

by a telephone company, cable television company, or any of its affiliates, an Internet

provider, or commercial online service provider, or to the carrying, broadcasting, or

performing of related activities in providing telephone, cable television, Internet, or

commercial online services.

D. After the institution of prosecution, access to and the disposition of any material

seized as evidence of this offense shall be in accordance with R.S. 46:1845.

E. Any evidence resulting from the commission of video voyeurism shall be

contraband.

F. A violation of the provisions of this Section shall be considered a sex offense as

defined in R.S. 15:541. Whoever commits the crime of video voyeurism shall be required

to register as a sex offender as provided for in Chapter 3-B of Title 15 of the Louisiana

Revised Statutes of 1950.

G. For purposes of this Section, "unmanned aircraft system" means an unmanned,

powered aircraft that does not carry a human operator, can be autonomous or remotely

piloted or operated, and can be expendable or recoverable.

Acts 1999, No. 1240, §1; Acts 2003, No. 690, §1; Acts 2003, No. 1245, §1; Acts

2016, No. 635, §1.

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Local Government
Louisiana
2
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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