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Rs 14:91.14 Unlawful Distribution Of Material Harmful To Minors Through The Internet

§91.14. Unlawful distribution of material harmful to minors through the Internet

A.(1) Any person or entity in Louisiana that publishes material harmful to minors

on the Internet shall, prior to permitting access to the material, require any person attempting

to access the material to electronically acknowledge and attest that the person seeking to

access the material is eighteen years of age or older.

(2) The failure to comply with the provisions of Paragraph (1) of this Subsection

shall constitute the unlawful distribution of material harmful to minors through the Internet.

(3) If a person or entity in Louisiana publishes material harmful to minors on the

Internet and complies with the provisions of Paragraph (1) of this Subsection, the person or

entity shall not be held liable under the provisions of this Section if the person seeking to

access the material is under the age of eighteen and falsely acknowledges and attests that he

is eighteen years of age or older.

(4) No Internet service provider, interactive computer service provider as defined by

47 U.S.C. 230(f), or radio or television broadcast licensee of the Federal Communications

Commission shall be deemed to be a publisher or distributor of material harmful to minors

that is provided by another person.

(5) This Section shall not apply to any bona fide news or public interest broadcast,

website, video, report, or event and shall not be construed to affect the rights of any news-gathering organization.

B. For purposes of this Section:

(1) "Descriptions or depictions of illicit sex or sexual immorality" includes the

depiction, display, description, exhibition, or representation of any of the following:

(a) Ultimate sexual acts, normal or perverted, actual, simulated, or animated, whether

between human beings, animals, or an animal and a human being.

(b) Masturbation, excretory functions, or exhibition, actual, simulated, or animated,

of the genitals, pubic hair, anus, vulva, or female breast nipples.

(c) Sadomasochistic abuse, meaning actual, simulated, or animated, flagellation or

torture by or upon a person who is nude or clad in undergarments or in a costume which

reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of

being fettered, bound, or otherwise physically restrained, on the part of one so clothed.

(d) Actual, simulated, or animated, touching, caressing, or fondling of, or other

similar physical contact with, a pubic area, anus, female breast nipple, covered or exposed,

whether alone or between human, animals, or a human and an animal, of the same or

opposite sex, in an act of apparent sexual stimulation or gratification.

(e) Actual, simulated, or animated, stimulation of the human genital organs by any

device whether or not the device is designed, manufactured, and marketed for that purpose.

(2) "Material harmful to minors" is defined as any digital image, photograph, or

video which exploits, is devoted to or principally consists of, descriptions or depictions of

illicit sex or sexual immorality for commercial gain, and when the trier of fact determines

that each of the following applies:

(a) The material incites or appeals to or is designed to incite or appeal to the prurient,

shameful, or morbid interest of minors.

(b) The material is offensive to the average adult applying contemporary community

standards with respect to what is suitable for minors.

(c) The material taken as a whole lacks serious literary, artistic, political, or scientific

value for minors.

(3) "News-gathering organization" means all of the following:

(a) A newspaper, or news publication, printed or electronic, of current news and

intelligence of varied, broad, and general public interest, having been published for a

minimum of one year and that can provide documentation of membership in a statewide or

national press association, as represented by an employee thereof who can provide

documentation of his employment with the newspaper, wire service, or news publication.

(b) A radio broadcast station, television broadcast station, cable television operator,

or wire service as represented by an employee thereof who can provide documentation of

his employment.

C. Whoever violates the provisions of this Section shall be fined up to ten thousand

dollars.

Acts 2015, No. 187, §1.

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Local Government
Louisiana
3
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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minors
age
harmful
internet
provide
access
entity
eighteen
years