BATON ROUGE, La (KNOE 8 News) - Governor Jindal signed HB 489 by Rep. Julie Stokes to
protect individuals from having their private and personal images
distributed or made public without their consent.
This crime, known as, "Revenge Porn", occurs when a person intends to harm or harass another individual by disclosing private, nude images of that individual without their consent.
This bill was included in the Governor’s 2015 Legislative Package and this new law will protect privacy rights by criminalizing the nonconsensual dissemination of a private image.
Governor Jindal said, “It’s shocking to hear the number of people who have been affected by this deeply personal form of harassment and we want to let perpetrators know that there will be consequences for this blatant disregard for personal privacy. This legislation will protect victims by criminalizing the nonconsensual disclosure of private images, ensuring personal privacy is protected.”
Previously, Louisiana law provided penalties for individuals who take nude photos or videos of people without consent. However, no criminal penalty existed for disseminating illegally obtained private images and videos, or for disseminating images originally obtained with the consent of the person but which were intended to remain private and confidential.
HB 489 by Rep. Julie Stokes prohibits an individual from disclosing a
private image when all of the following occur:
+ The person intentionally discloses an image of another person who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.
+ The person obtained the image under circumstances in which a reasonable person would know or understand that the image was to remain private.
+ The person knew or should have known that the person in the image has not consented to the disclosure of the image.
+ The person has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.
Rep. Julie Stokes said, “With this legislation, we’re sending a loud and
clear message that we will not tolerate the nonconsensual distribution of personal or private images in Louisiana. This type of behavior represents a total disregard for an individual’s right to privacy and this legislation will hold perpetrators accountable for their actions.”