The Law Firm of Jerome W. Matthews, Jr., LLC

Serving the Greater New Orleans Area



§81.1.1.  "Sexting"; prohibited acts; penalties
A.(1)  No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.
(2)  No person under the age of seventeen years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.
B.  For purposes of this Section:
(1)  "Indecent visual depiction" means any photograph, videotape, film, or other reproduction of a person under the age of seventeen years engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image.
(2)  "Sexually explicit conduct" means masturbation or lewd exhibition of the genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age of seventeen years.
(3)  "Telecommunication device" means an analog or digital electronic device which processes data, telephonic, video, or sound transmission as part of any system involved in the sending or receiving of voice, sound, data, or video transmissions.
(4)  "Transmit" means to give, distribute, transfer, transmute, circulate, or disseminate by use of a computer or telecommunication device.
C.  Any offense committed by use of a computer or telecommunication device as set forth in this Section shall be deemed to have been committed at either the place from which the indecent visual depiction was transmitted or at the place where the indecent visual depiction was received.
D.(1)  For a violation of the provisions of Paragraph (A)(1) of this Section, the offender's disposition shall be governed exclusively by the provisions of Title VII of the Louisiana Children's Code.
(2)(a)  For a first offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, imprisoned for not more than ten days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform two eight-hour days of court-approved community service.
(b)  For a second offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, imprisoned for not less than ten days nor more than thirty days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform five eight-hour days of court-approved community service.
(c)  For a third or any subsequent offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than five hundred dollars nor more than seven hundred fifty dollars, imprisoned for not less than thirty days nor more than six months, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform ten eight-hour days of court-approved community service.
Acts 2010, No. 993, §1; Acts 2014, No. 313, §1, eff. May 28, 2014.


When should you hire a criminal defense attorney?

Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.

Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.

If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.

Hire a New Orleans Criminal Defense Attorney Today!!!