§ 14:283 — Video voyeurism; penalties

Louisiana § 14:283

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§283. Video voyeurism; penalties
A. Video voyeurism is any of the following:
(1) The use of any camera, videotape, photo-optical, photo-electric, or any other
image recording device, or an unmanned aircraft system equipped with any camera,
videotape, photo-optical, photo-electric, 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 specific instance of observing, viewing, photographing, filming, or
videotaping and either:
(a) It is for a lewd or lascivious purpose.
(b) The observing, viewing, photographing, filming, or videotaping is as described
in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a
reasonable expectation of privacy.
(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.
(3) The manipulation of a victim who has not yet attained the age of seventeen or
who is reasonably believed to have not yet attained the age of seventeen to use any camera,
videotape, photo-optical, photo-electric, or any other image recording device or an unmanned
aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any
other image recording device to photograph, film, or videotape oneself to send to the person
manipulating the victim for a lewd or lascivious purpose.
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, E. Repealed by Acts 2020, No. 352, §2.
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.
H. 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.

Legislative History

Acts 1999, No. 1240, §1; Acts 2003, No. 690, §1; Acts 2003, No. 1245, §1; Acts 2016, No. 635, §1; Acts 2018, No. 630, §1; Acts 2020, No. 352, §2; Acts 2021, No. 186, §1.