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ACT No. 7822026 Regular Session
HOUSE BILL NO. 119
BY REPRESENTATIVES FONTENOT AND KNOX
1 AN ACT
2 To amend and reenact R.S. 14:73.13(A) and (C)(introductory paragraph), (3), and (4),
3 73.14(C)(introductory paragraph), (3), and (4) and (D), and 81.1.1(D)(1) and to enact
4 R.S. 14:73.13(C)(5) and (6), 73.14(C)(5) and (6), 73.14.1, and 81.1.1(A)(3) and R.S.
5 17:416.20.1 and 3996(B)(92), relative to computer-related crime; to provide relative
6 to the crime of unlawful deepfakes; to provide relative to the crime of unlawful
7 dissemination or sale of images of another created by artificial intelligence; to
8 provide for definitions; to provide for penalties; to create the crime of unlawful
9 possession of images of another created by artificial intelligence and provide for
10 elements, definitions, penalties, and exceptions; to provide relative to the crime of
11 sexting; to provide for conduct that constitutes the crime of sexting; to provide for
12 penalties; to require school dissemination of certain information; and to provide for
13 related matters.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 14:73.13(A) and (C)(introductory paragraph), (3), and (4),
16 73.14(C)(introductory paragraph), (3), and (4) and (D), and 81.1.1(D)(1) are hereby amended
17 and reenacted and R.S. 14:73.13(C)(5) and (6), 73.14(C)(5) and (6), 73.14.1, and
18 81.1.1(A)(3) are hereby enacted to read as follows:
19 §73.13. Unlawful deepfakes
20 A.(1) Any person who, with knowledge that the material is a deepfake
21 depicting a minor, knowingly creates or possesses material that depicts a minor
22 engaging in sexual conduct shall be punished by imprisonment at hard labor for not
23 less than five nor more than twenty years, or a fine of not more than ten thousand
24 dollars, or both. At least five years of the sentence of imprisonment imposed shall
25 be served without benefit of parole, probation, or suspension of sentence.
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1 (2) If the offender is an educator and the victim is a student, the offender
2 may be imprisoned for an additional two years with or without hard labor, to be
3 served consecutively to the sentence imposed under this Section.
4 * * *
5 C. For the purposes of this Section, the following terms have the following
6 meanings:
7 * * *
8 (3) "Educator" means any administrator, coach, instructor, paraprofessional,
9 student aide, teacher, or teacher aide at any public or nonpublic elementary school,
10 secondary school, or high school in this state who is assigned, employed, or working
11 at the school or school system where the victim is enrolled as a student on a
12 full-time, part-time, or temporary basis.
13 (3) (4) "Minor" means a person under the age of eighteen years.
14 (4) (5) "Sexual conduct" means any of the following, whether actual or
15 simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation,
16 masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina
17 or rectum by any object in a lewd or lascivious manner, exhibition of the genitals or
18 pubic or rectal area for the purpose of sexual stimulation of the viewer, or excretory
19 functions performed in a lewd or lascivious manner, whether or not any of the
20 conduct is performed alone or between members of the same or opposite sex or
21 between humans and animals. An act is simulated when it gives the appearance of
22 being actual sexual conduct.
23 (6) "Student" means any person who is under the age of seventeen years and
24 is enrolled at any public or nonpublic elementary school, secondary school, or high
25 school in this state.
26 §73.14. Unlawful dissemination or sale of images of another created by artificial
27 intelligence
28 * * *
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1 C. For purposes of this Section, the following terms have the following
2 meanings:
3 * * *
4 (3) "Educator" means any administrator, coach, instructor, paraprofessional,
5 student aide, teacher, or teacher aide at any public or nonpublic elementary school,
6 secondary school, or high school in this state who is assigned, employed, or working
7 at the school or school system where the victim is enrolled as a student on a
8 full-time, part-time, or temporary basis.
9 (3) (4) "Electronic mail service provider" means any person or entity,
10 including an internet service provider, that is an intermediary in sending or receiving
11 electronic mail or that provides to end users of the electronic mail service the ability
12 to send or receive electronic mail.
13 (4) (5) "Interactive computer service" means any information service,
14 system, or access software provider that provides or enables computer access by
15 multiple users to a computer server, including specifically a service or system that
16 provides access to the internet and such systems operated or services offered by
17 libraries or educational institutions.
18 (6) "Student" means any person who is under the age of seventeen years and
19 is enrolled at any public or nonpublic elementary school, secondary school, or high
20 school in this state.
21 D.(1) Whoever Except as provided in Paragraphs (2) and (3) of this
22 Subsection, whoever violates the provisions of this Section shall be imprisoned with
23 or without hard labor for not more than six months one year, fined not more than
24 seven hundred fifty one thousand dollars, or both.
25 (2) Whoever violates the provisions of this Section when the depicted person
26 is under the age of seventeen years shall be imprisoned with or without hard labor
27 for not more than five years. At least one year of the sentence of imprisonment shall
28 be imposed without benefit of parole, probation, or suspension of sentence.
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1 (3) If the offender is an educator and the victim is a student, the offender
2 may be imprisoned for an additional two years with or without hard labor, to be
3 served consecutively to the sentence imposed under this Section.
4 (4) If the offender is under the age of fourteen years, the disposition shall be
5 governed exclusively by the provisions of Title VII of the Louisiana Children's Code.
6 * * *
7 §73.14.1. Unlawful possession of images of another created by artificial intelligence
8 A. It is unlawful for any person to possess any video or still image created
9 by artificial intelligence that depicts another person who is under the age of
10 seventeen years and is totally nude or in a state of undress so as to expose the
11 genitals, pubic area, buttocks, or female breasts, when the person possessing the
12 video or still image knows or has reason to know that the person is not licensed or
13 authorized to possess such video or still image.
14 B. For purposes of this Section, the following terms have the following
15 meanings:
16 (1) "Another person" includes a person whose image was used in creating,
17 adapting, or modifying a video or still image with the intent to depict an actual
18 person and who is recognizable as an actual person by the person's face, likeness, or
19 other distinguishing characteristic.
20 (2) "Artificial intelligence" means an artificial system developed in computer
21 software, physical hardware, or other context that solves tasks requiring human-like
22 perception, cognition, planning, learning, communication, or physical action.
23 (3) "Educator" means any administrator, coach, instructor, paraprofessional,
24 student aide, teacher, or teacher aide at any public or nonpublic elementary school,
25 secondary school, or high school in this state who is assigned, employed, or working
26 at the school or school system where the victim is enrolled as a student on a
27 full-time, part-time, or temporary basis.
28 (4) "Electronic mail service provider" means any person or entity, including
29 an internet service provider, that is an intermediary in sending or receiving electronic
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1 mail or that provides to end users of the electronic mail service the ability to send or
2 receive electronic mail.
3 (5) "Interactive computer service" means any information service, system,
4 or access software provider that provides or enables computer access by multiple
5 users to a computer server, including specifically a service or system that provides
6 access to the internet and such systems operated or services offered by libraries or
7 educational institutions.
8 (6) "Student" means any person who is under the age of seventeen years and
9 is enrolled at any public or nonpublic elementary school, secondary school, or high
10 school in this state.
11 C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection,
12 whoever violates the provisions of this Section shall be imprisoned with or without
13 hard labor for not more than five years. At least one year of the sentence of
14 imprisonment shall be imposed without benefit of parole, probation, or suspension
15 of sentence.
16 (2) If the offender is an educator and the victim is a student, the offender
17 may be imprisoned for an additional two years with or without hard labor, to be
18 served consecutively to the sentence imposed under this Section.
19 (3) If the offender is under the age of fourteen years, the disposition shall be
20 governed exclusively by the provisions of Title VII of the Louisiana Children's Code.
21 D. This Section does not apply to an interactive computer service, electronic
22 mail service provider, or a provider of a telecommunications service or any
23 information service as defined in 47 U.S.C. 153, or a system or access software
24 provider that provides or enables computer access by multiple users to a computer
25 server that was used by a person to violate this Section.
26 E. This Section does not apply to a person who did not have the specific
27 intent to receive any video or still image created by artificial intelligence and who
28 has not consented to receipt of such video or still image.
29 * * *
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1 §81.1.1. "Sexting"; prohibited acts; penalties
2 A.(1)
3 * * *
4 (3) No person under the age of seventeen years shall knowingly possess, sell,
5 or maliciously disseminate any video or still image created by artificial intelligence
6 that depicts another person who is totally nude or in a state of undress so as to expose
7 the genitals, pubic area, buttocks, or female breasts with the intent to coerce, harass,
8 or intimidate another person when the person disseminating, possessing, or selling
9 the video or still image knows or has reason to know that the person is not licensed
10 or authorized to disseminate, possess, or sell such video or still image.
11 * * *
12 D.(1) For a violation of the provisions of Paragraph (A)(1) or (3) of this
13 Section, the offender's disposition shall be governed exclusively by the provisions
14 of Title VII of the Louisiana Children's Code.
15 * * *
16 Section 2. R.S. 17:416.20.1 and 3996(B)(92) are hereby enacted to read as follows:
17 §416.20.1. Information; dissemination, sale, or possession of images of another
18 created by artificial intelligence; Louisiana Department of Education; public
19 school distribution
20 A. The principal of each public school shall disseminate information during
21 the first five days of each school year to each student grades six and above regarding
22 the crime and consequences of unlawful dissemination or sale of images of another
23 created by artificial intelligence as provided in R.S. 14:73.14 and unlawful
24 possession of images of another created by artificial intelligence as provided in R.S.
25 14:73.14.1. This information may be incorporated into an existing orientation
26 program. In addition to each student, the information shall be provided to each
27 student's parent or legal guardian on a written form containing a signature line for
28 each student's parent or legal guardian to sign to acknowledge receipt and
29 understanding of the information, which the parent or legal guardian shall return to
30 the school. The information required by this Section shall be age and grade
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1 appropriate and shall give full consideration as to whether the student is in a regular
2 or special program of education.
3 B. The Louisiana Department of Education shall develop the information
4 prescribed by this Section and provide it to each public school governing authority,
5 which shall disseminate it to each principal for this purpose.
6 * * *
7 §3996. Charter schools; exemptions; requirements
8 * * *
9 B. Notwithstanding any state law, rule, or regulation to the contrary and
10 except as may be otherwise specifically provided for in an approved charter, a
11 charter school established and operated in accordance with the provisions of this
12 Chapter and its approved charter and the school's officers and employees shall be
13 exempt from all statutory mandates or other statutory requirements that are
14 applicable to public schools and to public school officers and employees except for
15 the following laws otherwise applicable to public schools with the same grades:
16 * * *
17 (92) Information relative to unlawful dissemination or sale of images of
18 another created by artificial intelligence as provided in R.S. 14:73.14 and unlawful
19 possession of images of another created by artificial intelligence as provided in R.S.
20 14:73.14.1.
21 * * *
22 Section 3. This Act shall be cited and referred to as "The Ivy Daniels Act".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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