Senate Bill No. 134, introduced by Senator Kleinpeter, aims to amend existing laws regarding child sexual abuse materials and "sexting" by providing specific provisions for individuals under the age of 17. The bill enacts R.S. 14:81.1(A)(3), which states that if a person under 17 violates the law concerning child sexual abuse materials by either transmitting an indecent visual depiction of themselves or receiving such a depiction from another minor, the offense will be governed by the laws related to "sexting." However, this applies only if the minor did not intend to gain anything of value, secure a privilege, or cause emotional distress to the person depicted.
The bill retains the current prohibitions against producing, promoting, or distributing child sexual abuse materials while clarifying that minors under 17 will be subject to the "sexting" laws under certain conditions. The definition of "indecent visual depiction" is also included in the proposed law. The effective date for these changes is set for August 1, 2026. Additionally, amendments made during the legislative process include the removal of provisions that would apply the law to third parties providing indecent images and the establishment of exceptions to the existing laws regarding child sexual abuse materials.