House Bill No. by Representative Gadberry proposes the creation of the crime of "indecent visual depiction of a minor," which prohibits the transmission of indecent visual depictions of a minor's intimate parts with malicious intent. The bill outlines specific penalties for violations, including imprisonment and fines that escalate with subsequent offenses. A first conviction could result in up to six months in prison and a fine of at least $1,000, while a second conviction could lead to up to five years at hard labor and a fine of at least $5,000. A third or subsequent conviction could result in up to ten years at hard labor and a fine of at least $10,000. Additionally, a second conviction under this new law will be classified as a sex offense, requiring the offender to register as a sex offender.

The bill also includes provisions that exempt certain transmissions from prosecution, such as those made to caseworkers, medical professionals, or legal personnel for legitimate purposes. It defines key terms related to the offense, including "indecent visual depiction," "intimate parts," and "minor child." Furthermore, the bill amends existing law to include a second conviction for indecent visual depiction of a minor in the definition of "sex offense." It also specifies the venue for prosecution, allowing charges to be brought in the parish where the unlawful act occurred or where any part of the visual depiction was created or transmitted.

Statutes affected:
HB103 Original: 15:541(24)