New Laws - Nonconsensual Disclosure of Private Images
The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.
In 2015, the Louisiana Legislsature established the offense of Nonconsensual Disclosure of Private Images, which prohibited the disclosure of images exposing the intimate parts of another person by a person who obtained those images with the intent to cause emotional distress and the knowledge that such disclosure would be likely to cause that distress. La. R.S. 14:283.2(A).
The statute was amended three times this year to add and delete language. Act Number 165 removed the requirement that the images depict an individual over the age of 17 years. That Bill (and Act Number 11) amend the language of Subsection (A)(1) to amend the types of images covered by the statute. The statute now includes images in which the person’s “intimate parts are exposed” or “who is engaged in sexual conduct[/performance].” La. R.S. 14:283.2(A)(1). “Sexual conduct[/performance]” is defined as “actual or simulated vaginal, anal, or oral sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or exhibition of the genitals.” La. R.S. 14:283.2(C)(5). Finally, Act Number 431 adds a method by which the person disclosing the images may be prosecuted:
A. A person commits the offense of nonconsensual disclosure of a private image when all of the following occur…(2) The person who discloses the image obtained it through unauthorized access or under circumstances in which a reasonable person would know or understand that the image was to remain private."
La. R.S. 14:283.2(A)(2). “Unauthorized access” is defined as “the retrieval of an image from an individual’s telecommunication device…without that individual’s permission.” La. R.S. 14:283.2(C)(5).
The Legislature also enacted La. R.S. 14:73.14 - Unlawful dissemination or sale of images of another created by artificial intelligence. This statute prohibits:
A. It shall be unlawful for any person, with the intent to coerce, harass, intimidate, or maliciously disseminate or sell any video or still image created by artificial intelligence that depicts another person who is totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, when the person disseminating the video or still image knows or has reason to know that he is not licensed or authorized to disseminate or sell such video or still image.
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(C)
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(2) “Artificial intelligence” means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action.
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D. Whoever violates the provisions of this Section shall be imprisoned for not more than six months, fined not more than seven hundred fifty dollars, or both.
La. R.S. 14:73.14.
If you or someone you know is facing criminal prosecution, give us a call at (318) 459-9111 to schedule a consultation.