HB 119 — CRIME: Provides relative to unlawful conduct involving images of another person created by artificial intelligence (EN SEE FISC NOTE GF EX)

119 ENROLLED (3) If the offender is an educator and the victim is a student, the offender may be imprisoned for an additional two years with or without hard labor, to be served consecutively to the sentence imposed under this Section.

(4) If the offenderis under the age of fourteenyears, the disposition shall be governedexclusivelybytheprovisionsofTitleVIIoftheLouisianaChildren'sCode.

(2) "Artificialintelligence"meansanartificialsystemdevelopedincomputer software,physicalhardware,orothercontextsoftware,physicalhardware,orother context that solves taskstasksrequiringhuman-like requiringhuman-like perception, cognition, planning, learning, communication, or physical action.

(3) "Electronicmail"Educator"meansanyadministrator,coach,instructor,paraprofessional, serviceprovider"meansanypersonstudent aide, teacher, or entity,teacher includingaide aninternetserviceprovider,thatisanintermediaryinsendingorreceivingelectronicat mailanypublic or thatnonpublic provideselementary toschool, endsecondaryschool,orhighschoolin usersthisstatewhoisassigned,employed,orworking ofat the electronicschool mailor servicetheschool abilitytosystem sendwhere orthe receivevictim electronicis mail.enrolled as a student on a full-time, part-time, or temporary basis.

(4) "Interactive"Electronicmail computerserviceprovider"means service"anypersonorentity,including meansaninternetserviceprovider,thatisanintermediaryinsendingorreceivingelectronic any information service, system, or access software provider that provides or enables computer access by multiple Page 24 of 7 CODING:

HLS 26RS-203 REENGROSSED HB NO.

119 usersENROLLED tomail a computer server, including specifically a service or system that provides access to theend internetusers andof suchthe systemselectronic operatedmail orservicethe servicesabilityto offeredsend by libraries or educationalreceive institutions.electronic mail.

C.(1)(5) Whoever"Interactive violatescomputer theservice" provisionsmeans ofany thisinformation Sectionservice, shallsystem, beor imprisonedaccess withsoftware provider that provides or withoutenables hardcomputer laboraccess forby notmultiple moreusers thanto fivea years.computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(6) "Student"meansanypersonwho is under the ageofseventeenyearsand is enrolled at any public or nonpublic elementaryschool, secondaryschool, or high school in this state.

C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, whoever violates the provisions of this Section shall be imprisoned with or without hard labor for not more than five years.

(2) If the offenderisoffender underis an educator and the agevictim ofis fourteenyears,a student, the dispositionoffender shallmay be governedimprisoned exclusivelyfor byan theadditional provisionstwo ofyears Titlewith VIIIor ofwithout hard labor, to be served consecutively to the Louisianasentence Children'simposed Code.under this Section.

(3) If the offenderis under the age of fourteenyears, the disposition shall be governedexclusivelybytheprovisionsofTitleVIIoftheLouisianaChildren'sCode.

* * * §81.1.1.Page 5 of 7 CODING:

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HB NO.

119 ENROLLED §81.1.1.

penalties A.(1) * * * (3) Nopersonundertheageofseventeenyearsshallknowinglypossess,sell, or maliciously disseminate anyanyvideo video or still image created byartificial intelligence thatdepictsanotherpersonwhoistotallynudeorinastateofundresssoastoexpose the genitals, pubic area,buttocks, or femalebreasts with the intent to coerce,harass, or intimidate another person when the person disseminating, possessing, or selling Pagethe 3video ofor 7still CODING:image knows or has reason to know that the person is not licensed or authorized to disseminate, possess, or sell such video or still image.

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119 the video or still image knows or has reason to know that the person is not licensed or authorized to disseminate, possess, or sell such video or still image.

17:416.20.1 and 3996(B)(92) are herebyenacted to readasread as follows:

TheTheprincipalofeachpublicschool principalshall ofdisseminate eachinformation publicschoolshallduring disseminateinformationduring thefirstfivedays ofeachschoolyearto eachstudent gradessix andaboveregarding the crime and consequences of unlawful dissemination or sale of images of another created by artificial intelligence as provided in R.S.

14:73.14 and unlawful possession ofofimagesof images of another createdbyartificial intelligenceasprovidedinR.S.intelligenceas provided in R.S.

The information required by this Section shall be age and grade appropriateandPage shall6 give full consideration as to whether the student is in a regular or special program of education.7 CODING:

B.

The Louisiana Department of Education shall develop the information prescribed by this Section and provide it to each public school governing authority, which shall disseminate it to each principal for this purpose.

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119 §3996.ENROLLED appropriateand shall give full consideration as to whether the student is in a regular or special program of education.

B.

The Louisiana Department of Education shall develop the information prescribed bythis Section and provide it to each public school governing authority, which shall disseminate it to each principal for this purpose.

* * * §3996.

14:73.14 and unlawful possession of imagesimagesofanothercreatedbyartificial ofanothercreatedbyartificial intelligenceas provided in R.S.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

It constitutes nopart 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 119 Reengrossed 2026 Regular Session Fontenot Abstract:

Providesrelativetounlawfulconductinvolvingimagesofanotherpersoncreated by artificial intelligence.

Present law (R.S.

14:73.14) provides for the crime of unlawful dissemination or sale of images of another created byartificial intelligence.

Present law provides for a penalty of imprisonment for not more than six months, a fine of not more $750, or both.

Proposed law changes the penalties as follows:

(1) From imprisonment of not more than six months or a fine of not more than $750, or both,toimprisonmentwithorwithouthardlaborfornotmorethanoneyearorafine of not more than $1,000, or both.

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119 (2) When the depicted person is a minor, imprisonment with or without hard labor for not more than five years with at least one year of the sentence being without benefit of probation, suspension of sentence, or parole.

(3) If the offender is under the age of 14 years, the disposition shall be governed exclusively by the provisions of present law (Title VIII of the La.

Children's Code).

Proposed law (R.S.

14:73.14.1) creates the crime of unlawful possession of images of another created by artificial intelligence and provides for elements, definitions, and exceptions.

Proposed law further provides for a penaltyof imprisonment with or without hard labor for not more than five yearswith at least one year of the sentenceimposed to be served without benefit of parole, probation, or suspension of sentence.

Proposed law provides that if the offender is under the age of 14 years, the disposition shall be governed exclusively by the provisions of present law (Title VIII of the La.

Children's Code).

Present law (R.S.

14:81.1.1) provides for the crime of sexting.

Proposed law retains present law and further prohibits a person under the age of 17 from unlawfully disseminating, possessing, or selling images of another created by artificial intelligence.

Present law provides that an offender who violates certain provisions of present law (R.S.

14:81.1(A)(1)) is subject to disposition in accordance with present law (Title VII of the La.

Children's Code).

Proposed law retains present law and provides that disposition in accordance with present law (Title VII of the La.

Children's Code) shall govern a violation of proposed law.

Proposed law requires the La.

Dept.

of Education to develop and provide information to schoolstoinformstudentsandtheirparentsoftheexpectedconsequencesfordissemination, sale, or possession of images of another created byartificial intelligence.

Present law (R.S.

17:3996) provides a list of laws from which charter schools are not exempt.

Proposed law retains present law and adds the requirement for charter schools to inform students and parents of the consequences for dissemination, sale, or possession of images of another created byartificial intelligence.

Proposed law shall be cited and referred to as "The Ivy Daniels Act".

(Amends R.S.

14:73.14(D) and 81.1.1(D)(1);

Adds R.S.

14:73.14.1 and 81.1.1(A)(3) and R.S.

17:416.20.1 and 3996(B)(92)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill:

1.

Make technical changes.

2.

Remove possession as unlawful conduct relative to the dissemination or sale of AI images as provided in present law (R.S.

14:73.14).

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119 3.

Change the term "victim" to "depicted person" within the penalty provision for a violation of present law (R.S.

14:73.14) that involves a person under the age of 17.

4.

Createthe new crime of unlawful possession of images of another createdbyAI and provide for elements, definitions, exceptions, and penalties.

5.

Designate proposed law as "The Ivy Daniels Act".

The House Floor Amendments to the engrossed bill:

1.

Make technical changes.

2.

Provide that the disposition of an offender who us under the age of 14 who disseminates, sells, or possesses images of another created by artificial intelligenceisgovernedexclusivelybythedelinquencyprovisionsofpresentlaw (Title VIII of the La.

Children's Code).

3.

Add an exception to the proposed law crime of unlawful possession of images of another created byartificial intelligence.

4.

Require the La.

Dept.

of Education and charter schools to inform students and parents of the consequences for dissemination, sale, or possession of images of another created byartificial intelligence.