Posted By: On behalf of J. Kevin Stockstill, Attorney At Law // On:
What is sexting?
Lawfully, sexting means the digital transmission of a sexually explicit visual depiction through the use of a computer or, most popularly, a cell phone.
Minors, a person under the age of 17 years in the state of Louisiana, could face serious penalties if convicted.
Prior to the sexting law, minors found guilty of sexting were subject to the penalties of Louisiana's child pornography law, which constituted much more
significant penalties. In 2010, a law specific to sexting among minors was established in Louisiana, making it unlawful to send a sexually explicit
image or video to another person as a minor. Additionally, this statute also made it unlawful to even possess a sexually explicit image or video sent
from another person under the age of seventeen years as a minor.
As it states in A.(1) of RS 14:81.1.1, "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." Additionally in A.(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."
This statute details penalties depending on the number of offenses.
Those convicted could be sentenced to a fine of no less than $100 and no more than $250, no more than 10 days of jail time, or both.
Those convicted could be sentenced to a fine of no less than $250 and no more than $500, no less than 10 days and no more than 30 days of jail time, or
Third offense or more:
Those convicted could be sentence to a fine of no less than $500 and no more than $750, no less than 30 days and no more than 6 months of jail time, or
On all offenses, the sentences cannot be suspended unless the convicted is placed on probation with a condition of a minimum number of eight-hour community
service days. The first offense has a minimum of two, second offense minimum of five, and the third offense a minimum of ten community service days.
Should you hire a lawyer?
If you or your child has been charged with sexting, call Kevin Stockstill today for defense representation and justice.