A large number of people may see this crime as one that should not be paid any attention to as they think it is not as serious as other crimes. You will find is surprising to know that sexting in Louisiana is a serious crime and is treated as such by both the government and law enforcement agencies. Unknown to most people, offenders of this law may be made to serve prison time. This makes it one of the serious crimes in not just Louisiana but the country at large. To ensure that your loved ones do not get to spend time behind bars at an early age, you need to play a part.
According to the laws of the United States, no individual or person under the age of seventeen (17) shall knowingly (or some of the times unknowingly) and voluntarily make use of either a computer or a mobile device to transmit an indecent visual image or depiction of herself or himself to another individual. The law went further to state that no individual or person under the age of seventeen (17) shall knowingly and voluntarily possess or even transmit an indecent visual image or depiction of another person. This simply means that persons under the age of seventeen are prohibited by law to either send or receive indecent images of another person or themselves.
To further explain, the law of the United States defined "indecent visual depiction" as any photograph, image, video recording, audio recording, or any form of reproduction of an individual that is under the age of seventeen engaging in a sexually explicit manner. The definition of an indecent visual depiction includes images of the person under seventeen saved in a computer, smartphone, or any other device that is capable of being converted into visual imagery. The definition of "sexually explicit manner or conduct" as used in this section of the statute refers to the lewd exhibition of the genitals, masturbation, and display of the breast, anus, vulva, nipples, etc. The word "transmission" that is used in this section means the transfer, exchange, dissemination, and circulation either through a computer or any other device capable of transmitting images.
The punishments to be meted to defaulters have been listed by the law and are now enforced than before. Offenders under the said age can be sentenced to prison for a couple of days. This would have great effects on their lives now and in the year to come. To ensure that your loved ones do not have to go through this, it is best that you hire an experienced and well-trained sexting defense attorney in Louisiana.
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.
To ensure that you do not get to spend time behind bars even if it is just for a couple of days, it is best that you hire the services of an experienced defense attorney once you are charged with this case. The importance of immediately hiring the services of a well-trained defense attorney is to ensure you appear before a judge as soon as possible. Aside from hiring the services of a well-trained defense attorney, you also need to provide them with the needed information if they are to represent you well in court. This means that you do not withhold information from them for whatever reason. While most people may be ashamed of discussing this topic with a stranger, it is important that you bear in mind that the defense attorney is not just a stranger but a person who has been hired to help you bypass jail time.
While hiring a sexting defense attorney is important, hiring an experienced and professional one is of utmost importance. An experienced defense attorney may have handled a similar case and would use that knowledge to handle your case. In addition, these defense attorneys are familiar with the laws of the land, this offers them the opportunity to search for tiny but helpful loopholes in the law that they can build an argument on. When it comes to winning cases in the courtroom, the points discussed, the way these points are presented as well as the confidence level of the defense attorney may affect the outcome of your case. It is of utmost importance that you hire an experienced and professional defense attorney.
Spending time in jail even for a day will have a negative effect on your life right now and in the future. With a criminal record at an early age, it would be difficult to get a good job or even apply for college. Things could go from worse if you happen to be a second time offender. To be on the safer side, it is best that you hire the services of a well-trained and experienced sexting defense attorney to represent you in court.
Some of the penalties to offenders include;
You will find it interesting to know that Carl Barkemeyer, Criminal Defense Attorney is one of the leading defense attorneys is currently offering his services to those in Baton Rouge.
We have a team of well-trained and experienced defense attorneys that are capable of handling your case. We are familiar with the laws of the state and can exploit tiny loopholes to ensure that you are free. However, we do not guarantee you 100% success but we will do our best to ensure that your case is mitigated.