{
 "citation": "14:81.1",
 "heading": "Child sexual abuse materials",
 "doc_id": "78675",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78675",
 "classification": "F",
 "enacted_year": "1977",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "E(1)(a)",
   "text": "E.(1)(a) Whoever intentionally possesses child sexual abuse materials shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "5Y",
   "los_max": "",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(1)(b)",
   "text": "(b) On a second or subsequent conviction for the intentional possession of child sexual abuse materials, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "10Y",
   "los_max": "40Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(2)(a)",
   "text": "(2)(a) Whoever distributes or possesses with the intent to distribute child sexual abuse materials shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "5Y",
   "los_max": "",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(2)(b)",
   "text": "(b) On a second or subsequent conviction for distributing or possessing with the intent to distribute child sexual abuse materials, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "10Y",
   "los_max": "40Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(3)",
   "text": "(3) Any parent, legal guardian, or custodian of a child who consents to the participation of the child in child sexual abuse materials shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.",
   "los_min": "5Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(4)(a)",
   "text": "(4)(a) Whoever engages in the promotion, advertisement, or production of child sexual abuse materials shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.",
   "los_min": "10Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(4)(b)",
   "text": "(b) On a second or subsequent conviction for promotion, advertisement, or production of child sexual abuse materials, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than twenty years nor more than forty years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "20Y",
   "los_max": "40Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(5)(b)",
   "text": "(b) Whoever commits the crime of child sexual abuse materials punishable by the provisions of Paragraph (4) of this Subsection when the victim is under the age of thirteen years, and the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years.",
   "los_min": "25Y",
   "los_max": "99Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "when the victim is under the age of thirteen years"
  }
 ],
 "referenced_statutes": [
  "14:66",
  "40:961"
 ],
 "text": "RS 14:81.1\n\n\u00a781.1. Child sexual abuse materials\n\nA.(1) It shall be unlawful for a person to produce, promote, advertise, distribute,\npossess, or possess with the intent to distribute child sexual abuse materials.\n\n(2) It shall also be a violation of the provision of this Section for a parent, legal\nguardian, or custodian of a child to consent to the participation of the child in child sexual\nabuse materials.\n\nB. For purposes of this Section, the following definitions shall apply:\n\n(1) \"Access software provider\" means a provider of software, including client or\nserver software, or enabling tools that do any one or more of the following:\n\n(a) Filter, screen, allow, or disallow content.\n\n(b) Select, choose, analyze, or digest content.\n\n(c) Transmit, receive, display, forward, cache, search, organize, reorganize, or\ntranslate content.\n\n(2) \"Cable operator\" means any person or group of persons who provides cable\nservice over a cable system and directly, or through one or more affiliates, owns a significant\ninterest in such cable system, or who otherwise controls or is responsible for, through any\narrangement, the management and operation of such a cable system.\n\n(3) \"Child sexual abuse materials\" is any photograph, videotape, film, or other\nreproduction, whether electronic or otherwise, of any sexual performance involving a child\nunder the age of seventeen.\n\n(4) \"Coerce\" shall include but not be limited to any of the following:\n\n(a) Causing or threatening to cause serious bodily injury.\n\n(b) Physically restraining or threatening to physically restrain another person.\n\n(c) Abduction or threatened abduction of an individual.\n\n(d) The use of a plan, pattern, or statement with intent to cause an individual to\nbelieve that failure to perform an act will result in the use of force against, abduction of,\nserious harm to, or physical restraint of an individual.\n\n(e) The abuse or threatened abuse of law or legal process.\n\n(f) The actual or threatened destruction, concealment, removal, confiscation, or\npossession of any actual or purported passport or other immigration document, or any other\nactual or purported government identification document, of another person.\n\n(g) Controlling or threatening to control an individual's access to a controlled\ndangerous substance as set forth in R.S. 40:961 et seq.\n\n(h) The use of an individual's physical or mental impairment, where such impairment\nhas substantial adverse effects on the individual's cognitive or volitional functions.\n\n(i) The use of debt bondage or civil or criminal fraud.\n\n(j) Extortion as defined in R.S. 14:66.\n\n(5) \"Debt bondage\" means inducing an individual to provide any of the following:\n\n(a) Commercial sexual activity in payment toward or satisfaction of a real or\npurported debt.\n\n(b) Labor or services in payment toward or satisfaction of a real or purported debt\nif either of the following occur:\n\n(i) The reasonable value of the labor or services provided is not applied toward the\nliquidation of the debt.\n\n(ii) The length of the labor or services is not limited and the nature of the labor or\nservices is not defined.\n\n(6) \"Distribute\" means to issue, sell, give, provide, lend, mail, deliver, transfer,\ntransmute, distribute, circulate, or disseminate by any means.\n\n(7) \"Interactive computer service\" means any information service, system, or access\nsoftware provider that provides or enables computer access by multiple users to a computer\nserver, including a service or system that provides access to the Internet and such systems\noperated or services offered by libraries or educational institutions.\n\n(8) \"Labor or services\" mean activity having economic value.\n\n(9) \"Produce\" means to photograph, videotape, film, or otherwise reproduce child\nsexual abuse materials, or to solicit, promote, or coerce any child for the purpose of child\nsexual abuse materials.\n\n(10) \"Sexual performance\" means any performance or part thereof that includes\nactual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality,\nmasturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.\n\n(11) \"Telecommunications service\" means the offering of telecommunications for\na fee directly to the public, regardless of the facilities used.\n\nC.(1) Possession of three or more of the same photographs, images, films,\nvideotapes, or other visual reproductions shall be prima facie evidence of intent to sell or\ndistribute.\n\n(2) Possession of three or more photographs, images, films, videotapes, or other\nvisual reproductions and possession of any type of file sharing technology or software shall\nbe prima facie evidence of intent to sell or distribute.\n\nD.(1) Lack of knowledge of the juvenile's age shall not be a defense.\n\n(2) It shall not be a defense to prosecution for a violation of this Section that the\njuvenile consented to participation in the activity prohibited by this Section.\n\nE.(1)(a) Whoever intentionally possesses child sexual abuse materials shall be fined\nnot more than fifty thousand dollars and shall be imprisoned at hard labor for not less than\nfive years or more than twenty years, without benefit of parole, probation, or suspension of\nsentence.\n\n(b) On a second or subsequent conviction for the intentional possession of child\nsexual abuse materials, the offender shall be fined not more than seventy-five thousand\ndollars and imprisoned at hard labor for not less than ten years nor more than forty years,\nwithout benefit of parole, probation, or suspension of sentence.\n\n(2)(a) Whoever distributes or possesses with the intent to distribute child sexual\nabuse materials shall be fined not more than fifty thousand dollars and shall be imprisoned\nat hard labor for not less than five years or more than twenty years, without benefit of parole,\nprobation, or suspension of sentence.\n\n(b) On a second or subsequent conviction for distributing or possessing with the\nintent to distribute child sexual abuse materials, the offender shall be fined not more than\nseventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor\nmore than forty years, without benefit of parole, probation, or suspension of sentence.\n\n(3) Any parent, legal guardian, or custodian of a child who consents to the\nparticipation of the child in child sexual abuse materials shall be fined not more than fifty\nthousand dollars and imprisoned at hard labor for not less than five years nor more than\ntwenty years, without benefit of probation, parole, or suspension of sentence.\n\n(4)(a) Whoever engages in the promotion, advertisement, or production of child\nsexual abuse materials shall be fined not more than fifty thousand dollars and imprisoned at\nhard labor for not less than ten years nor more than twenty years, without benefit of\nprobation, parole, or suspension of sentence.\n\n(b) On a second or subsequent conviction for promotion, advertisement, or\nproduction of child sexual abuse materials, the offender shall be fined not more than\nseventy-five thousand dollars and imprisoned at hard labor for not less than twenty years nor\nmore than forty years, without benefit of parole, probation, or suspension of sentence.\n\n(5)(a) Whoever commits the crime of child sexual abuse materials punishable by the\nprovisions of Paragraph (1), (2), or (3) of this Subsection when the victim is under the age\nof thirteen years and the offender is seventeen years of age or older shall be punished by\nimprisonment at hard labor for not less than one-half the longest term nor more than twice\nthe longest term of imprisonment provided in Paragraphs (1), (2), and (3) of this Subsection. \nThe sentence imposed shall be served without benefit of parole, probation, or suspension of\nsentence.\n\n(b) Whoever commits the crime of child sexual abuse materials punishable by the\nprovisions of Paragraph (4) of this Subsection when the victim is under the age of thirteen\nyears, and the offender is seventeen years of age or older, shall be punished by imprisonment\nat hard labor for not less than twenty-five years nor more than ninety-nine years. At least\ntwenty-five years of the sentence imposed shall be served without benefit of parole,\nprobation, or suspension of sentence.\n\n(c), (d) Repealed by Acts 2020, No. 352, \u00a72.\n\n(e) Upon completion of the term of imprisonment imposed in accordance with\nSubparagraphs (5)(a) and (b) of this Subsection, the offender shall be monitored by the\nDepartment of Public Safety and Corrections through the use of electronic monitoring\nequipment for the remainder of his natural life.\n\n(f) Unless it is determined by the Department of Public Safety and Corrections,\npursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual\noffender is unable to pay all or any portion of such costs, each sexual offender to be\nelectronically monitored shall pay the cost of such monitoring.\n\n(g) The costs attributable to the electronic monitoring of an offender who has been\ndetermined unable to pay shall be borne by the department if, and only to the degree that\nsufficient funds are made available for such purpose whether by appropriation of state funds\nor from any other source.\n\n(h) The Department of Public Safety and Corrections shall develop, adopt, and\npromulgate rules in the manner provided in the Administrative Procedure Act, that provide\nfor the payment of such costs. Such rules shall contain specific guidelines which shall be\nused to determine the ability of the offender to pay the required costs and shall establish the\nreasonable costs to be charged. Such rules may provide for a sliding scale of payment so that\nan offender who is able to pay a portion, but not all, of such costs may be required to pay\nsuch portion.\n\nF.(1) Repealed by Acts 2020, No. 352, \u00a72.\n\n(2) Upon the filing of any information or indictment by the prosecuting authority for\na violation of this Section, the investigating law enforcement agency which seized the\nphotographs, films, videotapes, or other visual reproductions of child sexual abuse materials\nshall provide copies of those reproductions to the Internet crimes against children division\nwithin the attorney general's office.\n\n(3) Upon receipt of the reproductions as provided in Paragraph (2) of this Subsection,\nthe Internet crimes against children division shall:\n\n(a) Provide those visual reproductions to the law enforcement agency representative\nassigned to the Child Victim Identification Program at the National Center for Missing and\nExploited Children.\n\n(b) Request the Child Victim Identification Program provide the law enforcement\nagency contact information for any visual reproductions recovered which contain an\nidentified victim of child sexual abuse materials as defined in this Section.\n\n(c) Provide case information to the Child Victim Identification Program, as requested\nby the National Center for Missing and Exploited Children guidelines, in any case where the\nInternet crimes against children division within the attorney general's office identifies a\npreviously unidentified victim of child sexual abuse materials.\n\n(4) The Internet crimes against children division shall submit to the designated\nprosecutor the law enforcement agency contact information provided by the Child Victim\nIdentification Program at the National Center for Missing and Exploited Children, for any\nvisual reproductions involved in the case which contain the depiction of an identified victim\nof child sexual abuse materials as defined in this Section.\n\n(5) In all cases in which the prosecuting authority has filed an indictment or\ninformation for a violation of this Section and the victim of child sexual abuse materials has\nbeen identified and is a resident of this state, the prosecuting agency shall submit all of the\nfollowing information to the attorney general for entry into the Louisiana Attorney General's\nExploited Children's Identification database maintained by that office:\n\n(a) The parish, district, and docket number of the case.\n\n(b) The name, race, sex, and date of birth of the defendant.\n\n(c) The identity of the victim.\n\n(d) The contact information for the law enforcement agency which identified a\nvictim of child sexual abuse materials, including contact information maintained by the Child\nVictim Identification Program and provided to the Internet crimes against children division\nin accordance with this Section.\n\n(6) No sentence, plea, conviction, or other final disposition shall be invalidated due\nto failure to comply with the provisions of this Subsection, and no person shall have a cause\nof action against the investigating law enforcement agency or any prosecuting authority, or\nofficer or agent thereof for failure to comply with the provisions of this Subsection.\n\nG. In prosecutions for violations of this Section, the trier of fact may determine,\nutilizing the following factors, whether or not the person displayed or depicted in any\nphotograph, videotape, film, or other video reproduction introduced in evidence was under\nthe age of seventeen years at the time of filming or recording:\n\n(1) The general body growth, bone structure, and bone development of the person.\n\n(2) The development of pubic or body hair on the person.\n\n(3) The development of the person's sexual organs.\n\n(4) The context in which the person is placed or the age attributed to the person in\nany accompanying video, printed, or text material.\n\n(5) Available expert testimony and opinion as to the chronological age or degree of\nphysical or mental maturity or development of the person.\n\n(6) Such other information, factors, and evidence available to the trier of fact which\nthe court determines is probative and reasonably reliable.\n\nH. The provisions of this Section shall not apply to a provider of an interactive\ncomputer service, provider of a telecommunications service, or a cable operator as defined\nby the provisions of this Section.\n\nI. For all purposes, \"pornography involving juveniles\" and \"child sexual abuse\nmaterials\" mean the offense defined by the provisions of this Section and any reference to\nthe crime of pornography involving juveniles is the same as a reference to the crime of child\nsexual abuse materials. Any act in violation of the provisions of this Section that is\ncommitted on or after August 1, 2025, shall be referred to as \"child sexual abuse materials\".\n\nAdded by Acts 1977, No. 97, \u00a71. Amended by Acts 1981, No. 502, \u00a71, eff. July 19,\n1981, Acts 1983, No. 655, \u00a71; Acts 1986, No. 777, \u00a71; Acts 1992, No. 305, \u00a71; Acts 2003,\nNo. 1245, \u00a71; Acts 2006, No. 103, \u00a71; Acts 2008, No. 33, \u00a71; Acts 2009, No. 382, \u00a72; Acts\n2010, No. 516, \u00a71; Acts 2010, No. 763, \u00a71; Acts 2012, No. 446, \u00a71; Acts 2014, No. 564, \u00a71;\nActs 2017, No. 180, \u00a71, eff. June 12, 2017; Acts 2018, No. 682, \u00a71; Acts 2020, No. 352, \u00a72;\nActs 2025, No. 261, \u00a71."
}