§541. Definitions
For the purposes of this Chapter, the definitions of terms in this Section shall apply:
(1) "Administration of criminal justice" means performance of any of the following
activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution,
adjudication, correctional supervision, or rehabilitation of accused persons or criminal
offenders. The term also includes criminal identification activities, the collection, storage,
and dissemination of criminal history record information, and the compensation of victims
of crime.
(2) "Aggravated offense" means a conviction for the perpetration or attempted
perpetration of, or conspiracy to commit, any of the following:
(a)(i) Aggravated rape (R.S. 14:42), which occurred prior to August 1, 2015, and
which shall include convictions for the perpetration or attempted perpetration of, or
conspiracy to commit, aggravated oral sexual battery (formerly R.S. 14:43.4, Repealed by
Acts 2001, No. 301, §2) occurring prior to August 15, 2001.
(ii) First degree rape (R.S. 14:42) which occurred on or after August 1, 2015.
(b)(i) Forcible rape (R.S. 14:42.1) which occurred prior to August 1, 2015.
(ii) Second degree rape (R.S. 14:42.1) which occurred on or after August 1, 2015.
(c)(i) Simple rape under the provisions of R.S. 14:43 which occurred prior to August
1, 2015.
(ii) Third degree rape under the provisions of R.S. 14:43 which occurred on or after
August 1, 2015.
(d) Sexual battery prosecuted under the provisions of R.S. 14:43.1(C)(2).
(e) Second degree sexual battery (R.S. 14:43.2).
(f) Aggravated kidnapping (R.S. 14:44) of a child who has not attained the age of
eighteen years.
(g) Second degree kidnapping (R.S. 14:44.1) of a child who has not attained the age
of eighteen years.
(h) Aggravated kidnapping of child (R.S. 14:44.2).
(i) Simple kidnapping (R.S. 14:45) of a child who has not attained the age of
eighteen years.
(j) Aggravated crime against nature as defined by R.S. 14:89.1(A)(2) involving
sexual intercourse, second degree sexual battery, oral sexual battery, or when prosecuted
under the provisions of R.S. 14:89.1(C)(2).
(k) Crime against nature when prosecuted under the provisions of R.S. 14:89(B)(2)
or (3).
(l) Molestation of a juvenile or a person with a physical or mental disability
prosecuted under the provisions of R.S. 14:81.2(C)(1), (D)(1), or (D)(2).
(m) Aggravated crime against nature (R.S. 14:89.1(A)(1)).
(n) Sexual battery of persons with infirmities (R.S. 14:93.5).
(o) Trafficking of children for sexual purposes (R.S. 14:46.3).
(p) Human trafficking (R.S. 14:46.2) when the trafficking involves a person under
the age of twenty-one years or when the services include commercial sexual activity or any
sexual conduct constituting a crime under the laws of this state.
(q) Purchase of commercial sexual activity with a person under the age of eighteen
years or with a victim of human trafficking (R.S. 14:82.2(C)(4) and (5)).
(r) Any offense under the laws of another state, or military, territorial, foreign, tribal,
or federal law which is equivalent to the offenses listed in Subparagraphs (a) through (q) of
this Paragraph.
(3) "Bureau" means the Louisiana Bureau of Criminal Identification and Information
as established in Chapter 6 of this Title.
(4) "Chat room" means any internet web site through which users have the ability
to communicate via text and which allows messages to be visible to all other users or to a
designated segment of all other users.
(5) "Child predator" means a person who has been convicted of a criminal offense
against a victim who is a minor, as defined in Paragraph (12).
(6) "Child sexual predator" means a person defined as such in accordance with the
provisions of R.S. 15:560.1.
(7) "Conviction" means any disposition of charges adverse to the defendant,
including a plea of guilty, deferred adjudication, or adjudication withheld for the perpetration
or attempted perpetration of or conspiracy to commit a "sex offense" or "criminal offense
against a victim who is a minor" as those terms are defined by this Section. "Conviction"
shall not include a decision not to prosecute, a dismissal, or an acquittal, except when the
acquittal is due to a finding of not guilty by reason of insanity and the person was committed.
A dismissal entered after a period of probation, suspension, or deferral of sentence shall be
included in the definition of "conviction" for purposes of this Chapter.
(8) "Conviction record" means criminal history record information relating to an
incident which has led to a conviction or other disposition adverse to the subject.
(9) "Court determination" means a determination that a person is a sexually violent
predator or a determination that a person is no longer a sexually violent predator that shall
be made by the sentencing court after receiving a report by the commission.
(10) "Criminal history record information" means information contained in records
collected by criminal justice agencies, other than courts, on individuals, consisting of
identifiable descriptions and notations of arrests, detention, indictments, information, or
other formal criminal charges, and any disposition arising therefrom, including sentences,
correctional supervision, and release. The term includes information contained in records
maintained by or obtained from criminal justice agencies, other than courts, which records
provide individual identification of a person together with any portion of the individual's
record of involvement in the criminal justice system as an alleged or convicted offender,
except:
(a) Posters, announcements, or lists for identifying or apprehending fugitives or
wanted persons.
(b) Original records of entry maintained by criminal justice agencies to the extent
that such records are compiled and maintained chronologically and are accessible only on a
chronological basis.
(c) Court indices and records of public judicial proceedings, court decisions, and
opinions, and information disclosed during judicial proceedings.
(d) Records of traffic violations which are not punishable by a maximum term of
imprisonment of more than ninety days.
(e) Records of any traffic offenses as maintained by the office of motor vehicles for
the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other
operators' licenses.
(f) Records of any aviation violation or offenses as maintained by the Department
of Transportation and Development for the purpose of regulating pilots or other aviation
operators.
(g) Announcements of pardons.
(11) "Criminal justice agency" means:
(a) A court.
(b) A government agency which performs the administration of criminal justice
pursuant to a statute or executive order and which allocates a substantial part of its annual
budget to the administration of criminal justice.
(12) "Criminal offense against a victim who is a minor" for the purposes of this
Chapter means conviction for the perpetration or attempted perpetration of or conspiracy to
commit any of the following offenses:
(a) A violation of R.S. 14:44, 44.1, 44.2, 45, 45.1, 46, or 46.1 when the victim is
under eighteen years of age and the defendant is not the parent of the victim.
(b)(i) A violation of any of the following provisions when the victim is under
eighteen years of age: R.S. 14:84(1), (3), (5), or (6), or 86, or R.S. 23:251(A)(4).
(ii) A violation of R.S. 14:46.2 when the victim is under twenty-one years of age.
(c) A violation of R.S. 14:83, 83.1, 83.2, or 282 when the prostitution involves
persons under the age of eighteen years.
(d) A felony violation of R.S. 14:40.2, punishable by imprisonment at hard labor,
when the victim is under the age of eighteen, unless either of the following are applicable:
(i) The defendant is the parent of the victim.
(ii) The defendant is not more than four years older than the victim and is convicted
under Subparagraph R.S. 14:40.2(B)(1)(b).
(e) Any conviction for an offense under the laws of another state, or military,
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in
Subparagraphs (a) through (d) of this Paragraph.
(13) "Disposition" means the formal conclusion of a criminal proceeding at whatever
stage it occurs in the criminal justice system.
(14) "Dissemination" means disclosing criminal history record information or
disclosing the absence of criminal history record information to any person or agency outside
the agency possessing the information, subject to the following exceptions:
(a) When criminal justice agencies jointly participate in the maintenance of a single
recordkeeping department as an alternative to maintaining separate records, the furnishing
of information by that department to personnel of any participating agency.
(b) The furnishing of information by any criminal justice agency to another for the
purpose of processing a matter through the criminal justice system, such as a police
department providing information to a prosecutor for use in preparing a charge.
(c) The reporting of an event to a recordkeeping agency for the purpose of
maintaining the record.
(15) "Instant message address" means an identifier that allows a person to
communicate with another person using the internet.
(16) "Institution of postsecondary education" means any public or private institution
of postsecondary education in the state licensed by the Board of Regents under the provisions
of R.S. 17:1808 or each proprietary school licensed by the Board of Regents under the
provisions of R.S. 17:3141.4.
(17) "Interactive computer service" means any information service, system, or access
software provider that offers users the capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information, including
a service or system that provides or enables computer access by multiple users to a computer
server, including specifically a service or system that provides access to the internet and such
systems operated or services offered by libraries or educational institutions.
(18) "Mental abnormality" means a congenital or acquired condition of a person that
affects the emotional or volitional capacity of the person in a manner that predisposes that
person to the commission of criminal sexual acts to a degree that makes the person a menace
to the health and safety of others. Nothing in this definition is intended to supersede or apply
to the definitions found in R.S. 14:10 or 14 in reference to criminal intent or insanity.
(19) "Nonconviction data" consists of all criminal history record information relating
to an incident which has not led to a conviction or other disposition adverse to the subject,
and for which proceedings are no longer actively pending. There shall be a rebuttable
presumption that proceedings are no longer actively pending if more than one year has
elapsed since arrest, citation, or service of warrant and no disposition has been entered.
(20) "Online identifier" means any electronic e-mail address, instant message name,
chat name, social networking name, or other similar internet communication name.
(20.1) "Out-of-state offender" means any offender convicted or adjudicated in any
court system, other than a court in this state, of any offense having elements equivalent to a
"sex offense" or a "criminal offense against a victim who is a minor", as defined in this
Section.
(20.2) "Out-of-state offense" means any offense, as defined by the laws of any
jurisdiction other than the state of Louisiana, the elements of which are comparable to a
Louisiana "sex offense" or "criminal offense against a victim who is a minor", as defined in
this Section.
(21) "Predatory" means an act directed at a stranger or a person with whom a
relationship has been established or promoted for the primary purpose of victimization.
(22) "Residence" means a dwelling where an offender regularly resides, regardless
of the number of days or nights spent there. For those offenders who lack a fixed abode or
dwelling, "residence" shall include the area or place where the offender habitually lives,
including but not limited to a rural area with no address or a shelter.
(23) "School" includes any public or nonpublic school which the person attends,
including but not limited to institutions of postsecondary education.
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld, or
conviction for the perpetration or attempted perpetration of or conspiracy to commit human
trafficking when prosecuted under the provisions of R.S. 14:46.2(B)(2), R.S. 14:46.3
(trafficking of children for sexual purposes), R.S. 14:89 (crime against nature), R.S. 14:89.1
(aggravated crime against nature), R.S. 14:89.2(B)(3) (crime against nature by solicitation),
R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with
juveniles), R.S. 14:81.1 (pornography involving juveniles) which occurred prior to August
1, 2025, R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental
disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.4 (prohibited
sexual conduct between an educator and student), R.S. 14:82.1 (prostitution; persons under
eighteen), R.S. 14:82.2(C)(4) or (5) (purchase of commercial sexual activity), R.S.
14:83(B)(2) or (3) (soliciting for prostitutes), R.S. 14:92(A)(7) (contributing to the
delinquency of juveniles), R.S. 14:93.5 (sexual battery of persons with infirmities), R.S.
14:106(A)(5) (obscenity by solicitation of a person under the age of seventeen), R.S. 14:283
(video voyeurism), R.S. 14:41 (rape), R.S. 14:42 (aggravated or first degree rape), R.S.
14:42.1 (forcible or second degree rape), R.S. 14:43 (simple or third degree rape), R.S.
14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual battery), R.S. 14:43.3 (oral
sexual battery), R.S. 14:43.5 (intentional exposure to HIV), a second or subsequent
conviction of R.S. 14:283.1 (voyeurism), or a second or subsequent conviction of R.S.
14:89.3 (sexual abuse of an animal), committed on or after June 18, 1992, or committed prior
to June 18, 1992, if the person, as a result of the offense, is under the custody of the
Department of Public Safety and Corrections on or after June 18, 1992. A conviction for any
offense provided in this definition includes a conviction for the offense under the laws of
another state, or military, territorial, foreign, tribal, or federal law which is equivalent to an
offense provided for in this Chapter, unless the tribal court or foreign conviction was not
obtained with sufficient safeguards for fundamental fairness and due process for the accused
as provided by the federal guidelines adopted pursuant to the Adam Walsh Child Protection
and Safety Act of 2006.
(b) For purposes of this Chapter, "sex offense" shall include deferred adjudication,
adjudication withheld, or conviction for the perpetration or attempted perpetration of or
conspiracy to commit aggravated oral sexual battery (formerly R.S. 14:43.4, repealed by Acts
2001, No. 301, §2) occurring prior to August 15, 2001.
(c) For purposes of this Chapter, "sex offense" shall include deferred adjudication,
adjudication withheld, or conviction for the perpetration or attempted perpetration of or
conspiracy to commit child sexual abuse materials (R.S. 14:81.1) occurring on or after
August 1, 2025.
(25) "Sexual offense against a victim who is a minor" means a conviction for the
perpetration or attempted perpetration of, or conspiracy to commit, any of the following:
(a) Sexual battery (R.S. 14:43.1) when the victim is under the age of eighteen, except
when prosecuted under the provisions of R.S. 14:43.1(C)(2).
(b) Oral sexual battery (R.S. 14:43.3).
(c) Aggravated crime against nature as defined by R.S. 14:89.1(A)(2) under the
circumstances not listed as those which constitute an "aggravated offense" as defined in this
Section.
(d)(i) Pornography involving juveniles (R.S. 14:81.1), which occurred prior to
August 1, 2025.
(ii) Child sexual abuse materials (R.S. 14:81.1), which occurred on or after August
1, 2025.
(e) Molestation of a juvenile or a person with a physical or mental disability (R.S.
14:81.2), except when prosecuted under the provisions of R.S. 14:81.2(C)(1), (D)(1), or
(D)(2).
(f) Computer-aided solicitation of a minor (R.S. 14:81.3).
(g) Prostitution; persons under eighteen (R.S. 14:82.1).
(h) Enticing minors into prostitution (R.S. 14:86).
(i) Pandering in violation of R.S. 14:84(1), (3), (5), and (6).
(j) Soliciting for prostitutes when the persons being solicited for prostitution are
under the age of eighteen years (R.S. 14:83).
(k) Inciting prostitution when the prostitution involves persons under the age of
eighteen years (R.S. 14:83.1).
(l) Promoting prostitution when the prostitution being promoted involves persons
under the age of eighteen years (R.S. 14:83.2).
(m) Operation of places of prostitution when the prostitution involves persons under
the age of eighteen years (R.S. 14:282).
(n) Crime against nature prosecuted under the provisions of R.S. 14:89 other than
R.S. 14:89(B)(2) or (3) and the victim of the offense has not attained the age of eighteen.
(o) Any conviction for an offense under the laws of another state, or military,
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in
Subparagraphs (a) through (n) of this Paragraph.
(26) "Sexual predator commission", the commission, means an advisory panel
containing not less than two nor more than three physicians who are licensed to practice
medicine in Louisiana, who have been in the actual practice of medicine for not less than
three consecutive years immediately preceding the appointment, and who are qualified by
training or experience in forensic evaluations of sex offenders. The court may appoint, in
lieu of one physician, a psychologist who is licensed to practice psychology in Louisiana,
who has been engaged in the practice of clinical or counseling psychology for not less than
three consecutive years immediately preceding the appointment, and who is qualified by
training or experience in forensic evaluations of sex offenders. A list of qualified physicians
and psychologists shall be provided to the court by the Louisiana Department of Health.
(27) "Sexually violent predator" means a person who has been convicted of a sex
offense as defined in Paragraph (24) of this Section and who has a mental abnormality or
anti-social personality disorder that makes the person likely to engage in predatory sexually
violent offenses as determined by the sentencing court upon receipt and review of relevant
information including the recommendation of the sexual predator commission as defined in
Paragraph (26) of this Section.
(28) "Social networking web site" means an internet web site that:
(a) Allows users to create web pages or profiles about themselves that are available
publicly or available to other users; or
(b) Offers a mechanism for communication among users, such as a forum, chat room,
electronic e-mail, or instant messaging.
(29) "Student at an institution of postsecondary education" means a person who is
enrolled in and attends, on a full-time or part-time basis, any course of academic or
vocational instruction conducted at an institution of postsecondary education.
(30)(a) "Worker" or "employee" means a person who engages in or who knows or
reasonably should know that he will engage in any type of occupation, employment, work,
or volunteer service on a full-time or part-time basis, with or without compensation, within
this state for more than seven consecutive days, or an aggregate of thirty days or more in a
calendar year.
(b) The term includes but is not limited to:
(i) A person who is self-employed.
(ii) An employee or independent contractor.
(iii) A paid or unpaid intern, extern, aide, assistant, or volunteer.