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ENROLLEDHFAHB119 4145 2843 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Representative Marcelle to Engrossed House Bill No.
119 BYby REPRESENTATIVESRepresentative FONTENOTFontenot ANDAMENDMENT KNOXNO. AN ACT To amend and reenact R.S.
14:73.13(A)1 andOn (C)(introductorypage paragraph),3, (3),between lines 9 and (4),10, 73.14(C)(introductoryparagraph),(3),and(4)and(D),and81.1.1(D)(1)andtoenactinsert R.S.14:73.13(C)(5)and(6),73.14(C)(5)and(6),73.14.1,and81.1.1(A)(3)andR.S.the following:
17:416.20.1and3996(B)(92),relativetocomputer-relatedcrime;toproviderelative"E. to the crime of unlawful deepfakes;
toThis provideSection relativedoes not apply to a person who did not have the crimespecific ofintent unlawfulto disseminationreceive anyvideo or salestill ofimage imagescreated byartificial intelligence and who has not consented to receipt of anothersuch createdvideo byor artificialstill intelligence;image." Page 1 of 1 CODING:
to provide for definitions;
to provide for penalties;
to create the crime of unlawful possession of images of another created by artificial intelligence and provide for elements, definitions, penalties, and exceptions;
to provide relative to the crime of sexting;
to provide for conduct that constitutes the crime of sexting;
to provide for penalties;
to require school dissemination of certain information;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
14:73.13(A) and (C)(introductory paragraph), (3), and (4), 73.14(C)(introductoryparagraph),(3),and(4)and(D),and81.1.1(D)(1)areherebyamended and reenacted and R.S.
14:73.13(C)(5) and (6), 73.14(C)(5) and (6), 73.14.1, and 81.1.1(A)(3) are herebyenacted to read as follows:
§73.13.
Unlawful deepfakes A.(1) Any person who, with knowledge that the material is a deepfake depicting a minor, knowingly creates or possesses material that depicts a minor engaging in sexual conduct shall be punished byimprisonment at hard labor for not less than five nor more than twenty years, or a fine of not more than ten thousand dollars, or both.
At least five years of the sentence of imprisonment imposed shall be served without benefit of parole, probation, or suspension of sentence.
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119 ENROLLED (2) 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.
* * * C.
For the purposes of this Section, the following terms have the following meanings:
* * * (3) "Educator"meansanyadministrator,coach,instructor,paraprofessional, student aide, teacher, or teacher aide at anypublic or nonpublic elementary school, secondaryschool,orhighschoolinthisstatewhoisassigned,employed,orworking at the school or school system where the victim is enrolled as a student on a full-time, part-time, or temporary basis.
(3) (4) "Minor" means a person under the age of eighteen years.
(4) (5) "Sexual conduct" means any of the following, whether actual or simulated:sexualintercourse,oralcopulation,analintercourse,analoralcopulation, masturbation,bestiality,sexualsadism,sexualmasochism,penetrationofthevagina or rectum byanyobject in a lewd or lascivious manner, exhibition of the genitals or pubic or rectalarea for the purpose of sexual stimulation of the viewer, or excretory functions performed in a lewd or lascivious manner, whether or not any of the conduct is performed alone or between members of the same or opposite sex or between humans and animals.
An act is simulated when it gives the appearance of being actual sexual conduct.
(6) "Student"meansanypersonwhois under the age of seventeenyearsand is enrolled at any public or nonpublic elementaryschool, secondaryschool, or high school in this state.
§73.14.
Unlawful dissemination or sale of images of another created by artificial intelligence * * * Page 2 of 7 CODING:
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119 ENROLLED C.
For purposes of this Section, the following terms have the following meanings:
* * * (3) "Educator"meansanyadministrator,coach,instructor,paraprofessional, student aide, teacher, or teacher aide at anypublic or nonpublic elementary school, secondaryschool,orhighschoolinthisstatewhoisassigned,employed,orworking at the school or school system where the victim is enrolled as a student on a full-time, part-time, or temporary basis.
(3) (4) "Electronic mail service provider" means any person or entity, includinganinternetserviceprovider,thatisanintermediaryinsendingorreceiving electronicmail orthatprovides to end users of the electronicmail servicethe ability to send or receive electronic mail.
(4) (5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a 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.
D.(1) Whoever Except as provided in Paragraphs (2) and (3) of this Subsection,whoeverviolatestheprovisionsofthisSectionshallbeimprisonedwith or without hard labor for not more than six months one year, fined not more than seven hundred fifty one thousand dollars, or both.
(2) WhoeverviolatestheprovisionsofthisSectionwhenthedepictedperson is under the age of seventeen years shall be imprisoned with or without hard labor fornot morethanfiveyears.
Atleastoneyearofthesentenceof imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence.
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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.
* * * §73.14.1.
Unlawfulpossessionofimagesofanothercreatedbyartificialintelligence A.
It is unlawful for any person to possess any video or still image created by artificial intelligence that depicts another person who is under the age of seventeen years and is totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breasts, when the person possessing the video or still image knows or has reason to know that the person is not licensed or authorized to possess such video or still image.
B.
For purposes of this Section, the following terms have the following meanings:
(1) "Another person" includes a person whose image was used in creating, adapting, or modifying a video or still image with the intent to depict an actual person and who is recognizable as an actual person bythe person's face,likeness, or other distinguishing characteristic.
(2) "Artificialintelligence"meansanartificialsystemdevelopedincomputer software,physicalhardware,orother context that solves tasksrequiringhuman-like perception, cognition, planning, learning, communication, or physical action.
(3) "Educator"meansanyadministrator,coach,instructor,paraprofessional, student aide, teacher, or teacher aide at anypublic or nonpublic elementary school, secondaryschool,orhighschoolin thisstatewhoisassigned,employed,orworking at the school or school system where the victim is enrolled as a student on a full-time, part-time, or temporary basis.
(4) "Electronicmail serviceprovider"means anypersonorentity,including aninternetserviceprovider,thatisanintermediaryinsendingorreceivingelectronic Page 4 of 7 CODING:
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119 ENROLLED mail or that provides to end users of the electronic mail servicethe abilityto send or receive electronic mail.
(5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a 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.
At least one year of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence.
(2) 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.
(3) If the offenderis under the age of fourteenyears, the disposition shall be governedexclusivelybytheprovisionsofTitleVIIoftheLouisianaChildren'sCode.
D.
ThisSectiondoesnotapplytoaninteractivecomputerservice,electronic mail service provider, or a provider of a telecommunications service or any information service as defined in 47 U.S.C.
153, or a system or access software provider that provides or enables computer access by multiple users to a computer server that was used bya person to violate this Section.
E.
This Section does not apply to a person who did not have the specific intent to receive any video or still image created by artificial intelligence and who has not consented to receipt of such video or still image.
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119 ENROLLED §81.1.1.
"Sexting";
prohibited acts;
penalties A.(1) * * * (3) Nopersonundertheageofseventeenyearsshallknowinglypossess,sell, or maliciously disseminate anyvideo 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 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.
* * * D.(1) For a violation of the provisions of Paragraph (A)(1) or (3) of this Section, the offender's disposition shall be governed exclusively by the provisions of Title VII of the Louisiana Children's Code.
* * * Section 2.
R.S.
17:416.20.1 and 3996(B)(92) are herebyenacted to read as follows:
§416.20.1.
Information;
dissemination, sale, or possession of images of another createdbyartificialintelligence;LouisianaDepartmentofEducation;public school distribution A.
Theprincipalofeachpublicschool shall disseminate information during 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 ofimagesof another createdbyartificial intelligenceas provided in R.S.
14:73.14.1.
This information may be incorporated into an existing orientation program.
In addition to each student, the information shall be provided to each student's parent or legal guardian on a written form containing a signature line for each student's parent or legal guardian to sign to acknowledge receipt and understanding of the information, which the parent or legal guardian shall return to the school.
The information required by this Section shall be age and grade Page 6 of 7 CODING:
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119 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.
Charter schools;
exemptions;
requirements * * * B.
Notwithstanding any state law, rule, or regulation to the contrary and except as may be otherwise specifically provided for in an approved charter, a charter school established and operated in accordance with the provisions of this Chapter and its approved charter and the school's officers and employees shall be exempt from all statutory mandates or other statutory requirements that are applicable to public schools and to public school officers and employees except for the following laws otherwise applicable to public schools with the same grades:
* * * (92) Information relative to unlawful dissemination or sale of images of another created byartificial intelligence as provided in R.S.
14:73.14 and unlawful possession of imagesofanothercreatedbyartificial intelligenceas provided in R.S.
14:73.14.1.
* * * Section 3.
This Act shall be cited and referred to as "The Ivy Daniels Act".
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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