{
 "citation": "14:73.13",
 "heading": "Unlawful deepfakes",
 "doc_id": "1336015",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1336015",
 "classification": "F",
 "enacted_year": "2023",
 "last_amended_year": "2023",
 "penalties": [
  {
   "subsection": "A",
   "text": "Any person who, with knowledge that the material is a deepfake depicting a minor, knowingly creates or possesses material that depicts a minor engaging in sexual conduct shall be punished by imprisonment at hard labor for not less than five nor more than twenty years, or a fine of not more than ten thousand dollars, or both.",
   "los_min": "5Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "A",
   "text": "At least five years of the sentence of imprisonment imposed shall be served without benefit of parole, probation, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(1)",
   "text": "B.(1) Except as provided in Paragraph (2) of this Subsection, any person who, with knowledge that the material is a deepfake that depicts another person, without consent of the person depicted, engaging in sexual conduct, knowingly advertises, distributes, exhibits, exchanges with, promotes, or sells any sexual material shall be punished by imprisonment at hard labor for not less than ten nor more",
   "los_min": "10Y",
   "los_max": "30Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) Any person who, with knowledge that the material is a deepfake depicting a minor, knowingly advertises, distributes, exhibits, exchanges with, promotes, or sells any sexual material that depicts a minor engaging in sexual conduct shall be punished by imprisonment at hard labor for not less than ten nor more than thirty years, a fine of not more than fifty thousand dollars, or both.",
   "los_min": "10Y",
   "los_max": "30Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "At least ten years of the sentence of imprisonment imposed shall be served without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:73.13\n\n\u00a773.13. Unlawful deepfakes\n\nA. Any person who, with knowledge that the material is a deepfake depicting a\nminor, knowingly creates or possesses material that depicts a minor engaging in sexual\nconduct shall be punished by imprisonment at hard labor for not less than five nor more than\ntwenty years, or a fine of not more than ten thousand dollars, or both. At least five years of\nthe sentence of imprisonment imposed shall be served without benefit of parole, probation,\nor suspension of sentence.\n\nB.(1) Except as provided in Paragraph (2) of this Subsection, any person who, with\nknowledge that the material is a deepfake that depicts another person, without consent of the\nperson depicted, engaging in sexual conduct, knowingly advertises, distributes, exhibits,\nexchanges with, promotes, or sells any sexual material shall be punished by imprisonment\nat hard labor for not less than ten nor more than thirty years, a fine of not more than fifty\nthousand dollars, or both.\n\n(2) Any person who, with knowledge that the material is a deepfake depicting a\nminor, knowingly advertises, distributes, exhibits, exchanges with, promotes, or sells any\nsexual material that depicts a minor engaging in sexual conduct shall be punished by\nimprisonment at hard labor for not less than ten nor more than thirty years, a fine of not more\nthan fifty thousand dollars, or both. At least ten years of the sentence of imprisonment\nimposed shall be served without benefit of probation, parole, or suspension of sentence.\n\nC. For the purposes of this Section:\n\n(1) \"Deepfake\" means any audio or visual media in an electronic format, including\nany motion picture film or video recording, that is created, altered, or digitally manipulated\nin a manner that would falsely appear to a reasonable observer to be an authentic record of\nthe actual speech or conduct of the individual or replace an individual's likeness with another\nindividual and depicted in the recording. \"Deepfake\" does not include any material that\nconstitutes a work of political, public interest, or newsworthy value, including commentary,\ncriticism, satire, or parody, or that includes content, context, or a clear disclosure visible\nthroughout the duration of the recording that would cause a reasonable person to understand\nthat the audio or visual media is not a record of a real event.\n\n(2) \"Distribute\" means to publish or make available to another person but does not\ninclude any alteration of a recording, including altering the length of the recording, so long\nas such alteration does not knowingly remove any content, context, or clear disclosure visible\nthroughout the duration of the recording that would cause a reasonable person to believe that\nthe audio or visual media is not a record of a real event.\n\n(3) \"Minor\" means a person under the age of eighteen years.\n\n(4) \"Sexual conduct\" means any of the following, whether actual or simulated: sexual\nintercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality,\nsexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a\nlewd or lascivious manner, exhibition of the genitals or pubic or rectal area for the purpose\nof sexual stimulation of the viewer, or excretory functions performed in a lewd or lascivious\nmanner, whether or not any of the conduct is performed alone or between members of the\nsame or opposite sex or between humans and animals. An act is simulated when it gives the\nappearance of being actual sexual conduct.\n\nActs 2023, No. 457, \u00a71."
}