{
 "citation": "14:81.3",
 "heading": "Computer-aided solicitation of a minor",
 "doc_id": "320902",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=320902",
 "classification": "F",
 "enacted_year": "2020",
 "last_amended_year": "2008",
 "penalties": [
  {
   "subsection": "B(1)(a)",
   "text": "B.(1)(a) Whoever violates the provisions of this Section when the victim is thirteen years of age or more but has not attained the age of seventeen shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than five years nor more than ten years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "5Y",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": "when the victim is thirteen years of age or more but has not attained the age of seventeen shall be fined not more than ten thousand do"
  },
  {
   "subsection": "B(1)(b)",
   "text": "(b) Whoever violates the provisions of this Section when the victim is under thirteen years of age shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "10Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": "when the victim is under thirteen years of age shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor "
  },
  {
   "subsection": "B(1)(c)",
   "text": "(c) Whoever violates the provisions of this Section, when the victim is a person reasonably believed to have not yet attained the age of seventeen, shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than two years nor more than ten years, without benefit of parole, probation, or suspension of sentence.",
   "los_min": "2Y",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": "when the victim is a person reasonably believed to have not yet attained the age of seventeen"
  },
  {
   "subsection": "B(1)(d)",
   "text": "(d) If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is five years or greater, the offender shall be fined not more than ten thousand dollars and shall be imprisoned, with or without hard labor, for not less than seven years nor more than ten years.",
   "los_min": "7Y",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) On a subsequent conviction, the offender shall be imprisoned for not less than ten years nor more than twenty years at hard labor without benefit of parole, probation, or suspension of sentence.",
   "los_min": "10Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:2",
  "14:66",
  "15:541",
  "40:961"
 ],
 "text": "RS 14:81.3\n\n\u00a781.3. Computer-aided solicitation of a minor\n\nA.(1) Computer-aided solicitation of a minor is committed when a person seventeen\nyears of age or older knowingly contacts or communicates, through the use of electronic\ntextual communication, with a person who has not yet attained the age of seventeen where\nthere is an age difference of greater than two years, or a person reasonably believed to have\nnot yet attained the age of seventeen and reasonably believed to be at least two years\nyounger, for the purpose of or with the intent to persuade, induce, entice, or coerce the person\nto engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B),\nor with the intent to engage or participate in sexual conduct in the presence of the person who\nhas not yet attained the age of seventeen, or person reasonably believed to have not yet\nattained the age of seventeen.\n\n(2) It shall also be a violation of the provisions of this Section when a person\nseventeen years of age or older knowingly contacts or communicates, through the use of\nelectronic textual communication, with a person who has not yet attained the age of\nseventeen where there is an age difference of greater than two years, or a person reasonably\nbelieved to have not yet attained the age of seventeen and reasonably believed to be at least\ntwo years younger, for the purpose of or with the intent to arrange for any third party to\nengage in any of the conduct proscribed by the provisions of Paragraph (1) of this\nSubsection.\n\n(3) It shall also be a violation of the provisions of this Section when a person\nseventeen years of age or older knowingly contacts or communicates, through the use of\nelectronic textual communication, with a person who has not yet attained the age of\nseventeen, or a person reasonably believed to have not yet attained the age of seventeen, for\nthe purpose of recruiting, enticing, or coercing the person to engage in commercial sexual\nactivity.\n\n(4) It shall also be a violation of the provisions of this Section when the contact or\ncommunication is initially made through the use of electronic textual communication and\nsubsequent communication is made through the use of any other form of communication.\n\n(5) It shall also be a violation of the provisions of this Section when a person\nseventeen years of age or older knowingly uses another individual who is seventeen years of\nage or older to contact or communicate with a person who has not yet attained the age of\nseventeen and there is an age difference of greater than two years between the person\ncontacted and the offender or a person reasonably believed to have not yet attained the age\nof seventeen and reasonably believed to be at least two years younger than the offender, for\nthe purpose of or with the intent to engage in any of the conduct proscribed by Paragraph (1)\nof this Subsection.\n\nB.(1)(a) Whoever violates the provisions of this Section when the victim is thirteen\nyears of age or more but has not attained the age of seventeen shall be fined not more than\nten thousand dollars and shall be imprisoned at hard labor for not less than five years nor\nmore than ten years, without benefit of parole, probation, or suspension of sentence.\n\n(b) Whoever violates the provisions of this Section when the victim is under thirteen\nyears of age shall be fined not more than ten thousand dollars and shall be imprisoned at hard\nlabor for not less than ten years nor more than twenty years, without benefit of parole,\nprobation, or suspension of sentence.\n\n(c) Whoever violates the provisions of this Section, when the victim is a person\nreasonably believed to have not yet attained the age of seventeen, shall be fined not more\nthan ten thousand dollars and shall be imprisoned at hard labor for not less than two years\nnor more than ten years, without benefit of parole, probation, or suspension of sentence.\n\n(d) If the computer-aided solicitation results in actual sexual conduct between the\noffender and victim and the difference between the age of the victim and the age of the\noffender is five years or greater, the offender shall be fined not more than ten thousand\ndollars and shall be imprisoned, with or without hard labor, for not less than seven years nor\nmore than ten years.\n\n(2) On a subsequent conviction, the offender shall be imprisoned for not less than\nten years nor more than twenty years at hard labor without benefit of parole, probation, or\nsuspension of sentence.\n\n(3) In addition to the penalties imposed in either Paragraph (1) or (2) of this\nSubsection, the court may impose, as an additional penalty on the violator, the limitation or\nrestriction of access to the Internet when the Internet was used in the commission of the\ncrime.\n\n(4) Repealed by Acts 2020, No. 352, \u00a72.\n\nC.(1) It shall not constitute a defense to a prosecution brought pursuant to this\nSection that the person reasonably believed to be under the age of seventeen is actually a law\nenforcement officer or peace officer acting in his official capacity.\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\nD. For purposes of this Section, the following words have the following meanings:\n\n(1) \"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(2) \"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(3) \"Electronic textual communication\" means a textual communication made\nthrough the use of a computer on-line service, Internet service, or any other means of\nelectronic communication, including but not limited to a local bulletin board service, Internet\nchat room, electronic mail, or on-line messaging service.\n\n(4) \"Labor or services\" means activity having economic value.\n\n(5) \"Sexual conduct\" means actual or simulated sexual intercourse, deviant sexual\nintercourse, sexual bestiality, masturbation, sadomasochistic abuse, lewd exhibition of the\ngenitals, or any lewd or lascivious act.\n\nE. The provisions of this Section shall not apply to the transference of such images\nby a telephone company, cable television company, or any of its affiliates, an Internet\nprovider, or commercial online service provider, or to the carrying, broadcasting, or\nperforming of related activities in providing telephone, cable television, Internet, or\ncommercial online services.\n\nF. An offense committed under this Section may be deemed to have been committed\nwhere the electronic textual communication was originally sent, originally received, or\noriginally viewed by any person, or where any other element of the offense was committed.\n\nG, H. Repealed by Acts 2020, No. 352, \u00a72.\n\nI. A violation of the provisions of this Section shall be considered a sex offense as\ndefined in R.S. 15:541. Whoever commits the crime of computer-aided solicitation of a\nminor shall be required to register as a sex offender as provided for in Chapter 3-B of Title\n15 of the Louisiana Revised Statutes of 1950.\n\nActs 2005, No. 246, \u00a71; Acts 2008, No. 25, \u00a71, eff. May 30, 2008; Acts 2008, No.\n461, \u00a71, eff. June 25, 2008; Acts 2008, No. 646, \u00a71, eff. July 1, 2008; Acts 2008, No. 672,\n\u00a71; Acts 2009, No. 58, \u00a71; Acts 2010, No. 517, \u00a71; Acts 2010, No. 763, \u00a71; Acts 2012, No.\n446, \u00a71; Acts 2014, No. 564, \u00a71; Acts 2020, No. 352, \u00a72; Acts 2021, No. 186, \u00a71.\n\nNOTE: Acts 2008, No. 646, \u00a73, superseded the provisions of Acts 2008, No.\n25."
}