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ENROLLED
ACT No. 1512026 Regular Session
HOUSE BILL NO. 320
BY REPRESENTATIVE FIRMENT
1 AN ACT
2 To amend and reenact R.S. 15:541(24)(a) and to enact R.S. 14:406, relative to offenses
3 affecting law enforcement; to create the crime of unlawful exposure by an inmate;
4 to provide for definitions; to provide for penalties; to provide with respect to sex
5 offender registration and notification requirements; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:406 is hereby enacted to read as follows:
9 §406. Unlawful exposure by an inmate
10 A. It is unlawful for an adult inmate who is incarcerated in an adult facility
11 to expose his or her intimate parts to any correctional facility employee with the
12 intent of doing any of the following:
13 (1) Arousing or gratifying the sexual desires of the inmate.
14 (2) Intimidating or harassing a correctional facility employee.
15 B. For the purposes of this Section, the following terms have the following
16 meanings:
17 (1) "Correctional facility" means any adult jail, prison, penitentiary,
18 temporary holding center, or detention facility.
19 (2) "Correctional facility employee" means an employee of any adult jail,
20 prison, penitentiary, temporary holding center, or detention facility.
21 (3) "Intimate parts" means the genitals, pubic hair, anus, vulva, or female
22 breast nipples of the inmate.
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HB NO. 320 ENROLLED
1 C.(1) Whoever violates the provisions of this Section shall be imprisoned
2 with or without hard labor for not more than three years, fined not more than two
3 thousand five hundred dollars, or both.
4 (2) Upon a second or subsequent conviction, the offender shall be
5 imprisoned with or without hard labor for not more than five years, fined not more
6 than twenty five thousand dollars, or both.
7 (3) Any sentence imposed pursuant to this Section shall run consecutively
8 to any other sentence being served by the offender at the time of the offense.
9 Section 2. R.S. 15:541(24)(a) is hereby amended and reenacted to read as follows:
10 §541. Definitions
11 For the purposes of this Chapter, the definitions of terms in this Section shall
12 apply:
13 * * *
14 (24)(a) "Sex offense" means deferred adjudication, adjudication withheld,
15 or conviction for the perpetration or attempted perpetration of or conspiracy to
16 commit human trafficking when prosecuted under the provisions of R.S.
17 14:46.2(B)(2), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:89
18 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S.
19 14:89.2(B)(3) (crime against nature by solicitation), R.S. 14:80 (felony carnal
20 knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1
21 (pornography involving juveniles) which occurred prior to August 1, 2025, R.S.
22 14:81.2 (molestation of a juvenile or a person with a physical or mental disability),
23 R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.4 (prohibited
24 sexual conduct between an educator and student), R.S. 14:82.1 (prostitution; persons
25 under eighteen), R.S. 14:82.2(C)(4) or (5) (purchase of commercial sexual activity),
26 R.S. 14:83(B)(2) or (3) (soliciting for prostitutes), R.S. 14:92(A)(7) (contributing to
27 the delinquency of juveniles), R.S. 14:93.5 (sexual battery of persons with
28 infirmities), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age
29 of seventeen), R.S. 14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:42
30 (aggravated or first degree rape), R.S. 14:42.1 (forcible or second degree rape), R.S.
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HB NO. 320 ENROLLED
1 14:43 (simple or third degree rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2
2 (second degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5
3 (intentional exposure to HIV), a second or subsequent conviction of R.S. 14:283.1
4 (voyeurism), R.S. 14:406 (unlawful exposure by an inmate), or a second or
5 subsequent conviction of R.S. 14:89.3 (sexual abuse of an animal), committed on or
6 after June 18, 1992, or committed prior to June 18, 1992, if the person, as a result of
7 the offense, is under the custody of the Department of Public Safety and Corrections
8 on or after June 18, 1992. A conviction for any offense provided in this definition
9 includes a conviction for the offense under the laws of another state, or military,
10 territorial, foreign, tribal, or federal law which is equivalent to an offense provided
11 for in this Chapter, unless the tribal court or foreign conviction was not obtained with
12 sufficient safeguards for fundamental fairness and due process for the accused as
13 provided by the federal guidelines adopted pursuant to the Adam Walsh Child
14 Protection and Safety Act of 2006.
15 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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