CRIME/SEX OFFENSES: Provides relative to the definition of child sexual abuse materials

HLS 26RS-510 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 38
BY REPRESENTATIVE BAYHAM
CRIME/SEX OFFENSES: Provides relative to the definition of child sexual abuse materials
1 AN ACT
2 To amend and reenact R.S. 14:81.1(B)(3) and to enact R.S. 14:81.1(B)(12), relative to child
3 sexual abuse materials; to provide for content that constitutes child sexual abuse
4 materials; to provide for definitions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:81.1(B)(3) is hereby amended and reenacted and R.S.
7 14:81.1(B)(12) is hereby enacted to read as follows:
8 §81.1. Child sexual abuse materials
9 * * *
10 B. For purposes of this Section, the following definitions shall apply:
11 * * *
12 (3) "Child sexual abuse materials" is any photograph, videotape, film,
13 deepfake, or other reproduction, whether electronic or otherwise, of any sexual
14 performance involving a child under the age of seventeen.
15 * * *
16 (12) "Deepfake" means any audio or visual media in an electronic format,
17 including any motion picture film or video recording, that is created, altered, or
18 digitally manipulated in a manner that would falsely appear to a reasonable observer
19 to be an authentic record of the actual speech or conduct of the individual or replace
20 an individual's likeness with another individual depicted in the recording.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-510 ORIGINAL
HB NO. 38
1 "Deepfake" does not include any material that constitutes a work of political, public
2 interest, or newsworthy value, including commentary, criticism, satire, or parody, or
3 that includes content, context, or a clear disclosure visible throughout the duration
4 of the recording that would cause a reasonable person to understand that the audio
5 or visual media is not a record of a real event.
6 * * *
7 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
8 renumber the Paragraphs of R.S. 14:81.1(B) so as to properly place R.S. 14:81.1(B)(12) as
9 enacted by this Act.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 38 Original 2026 Regular Session Bayham
Abstract: Adds a deepfake as content that constitutes child sex abuse materials if it depicts
any sexual performance involving a child under the age of 17.
Present law provides for the crime of child sex abuse materials and provides for penalties.
Proposed law retains present law.
Present law defines the term "child sex abuse materials" as any photograph, videotape, film,
or other reproduction, whether electronic or otherwise, of any sexual performance involving
a child under the age of 17.
Proposed law retains present law and adds a deepfake as content that constitutes child sex
abuse materials if it depicts any sexual performance involving a child under the age of 17.
Proposed law further defines the term "deepfake".
Proposed law authorizes and directs the La. State Law Institute to renumber the provisions
of present law (R.S. 15:1352(A)) so as to properly place proposed law (R.S. 14:81.1(B)(12)).
(Amends R.S. 14:81.1(B)(3); Adds R.S. 14:81.1(B)(12))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.