House Bill No. [insert bill number] 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 offense may result in up to six months in prison and a fine of at least $1,000, while a second offense could lead to five years at hard labor and a minimum fine of $5,000. A third or subsequent conviction could result in up to ten years of hard labor and a minimum fine of $10,000. Additionally, a second conviction under this new law will classify the offender as a sex offender, requiring registration as per existing sex offender laws.

The bill also clarifies that certain exceptions apply, such as when the transmission is made to authorized personnel for legitimate purposes, including child welfare investigations or medical advice. It defines key terms such as "indecent visual depiction," "minor child," and "transmit," and specifies the venue for prosecution, allowing charges to be brought in the parish where the act occurred or where the visual depiction was created or transmitted. Furthermore, the bill amends existing law to include a second conviction for indecent visual depiction of a minor within the definition of a "sex offense."

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