§107.4. Unlawful posting of criminal activity for notoriety and publicity
A. It shall be unlawful for a person who is either a principal or accessory to a crime
to obtain an image of the commission of the crime using any camera, videotape, photo-optical, photo-electric, or any other image recording device and to transfer that image
obtained during the commission of the crime by the use of a computer online service, Internet
service, or any other means of electronic communication, including but not limited to a local
bulletin board service, Internet chat room, electronic mail, or online messaging service for
the purpose of gaining notoriety, publicity, or the attention of the public.
B.(1) Whoever violates the provisions of this Section shall be fined not more than
five hundred dollars or imprisoned for not more than six months, or both.
(2) Whoever violates the provisions of this Section and the criminal activity results
in the serious bodily injury or death of the victim shall be fined not more than two thousand
dollars, imprisoned with or without hard labor for not more than eight years, or both.
C. The provisions of this Section shall not apply to any of the following:
(1) The obtaining, use, or transference of such images by a telephone company, cable
television company, or any of its affiliates, an Internet provider, or commercial online service
provider, or to the carrying, broadcasting, or performing of related activities in providing
telephone, cable television, Internet, or commercial online services or in the production,
exhibition, or presentation of an audiovisual work in any medium, including but not limited
to a motion picture or television program.
(2) The obtaining, use, or transference of images by a law enforcement officer
pursuant to investigation of criminal activity.
(3) The obtaining, use, or transference of images by any bona fide member of the
news media broadcasting a news report through television, cable television, or other
telecommunication.
(4) The obtaining, use, or transference of images for use in a feature-length film,
short subject film, video, television series, television program, public service announcement,
or commercial.
D. After the institution of prosecution, access to any material seized as evidence of
this offense shall be in accordance with Code of Criminal Procedure Article 718.1.
E. Any evidence resulting from the commission of unlawful filming or recording
criminal activity shall be contraband. The court, upon motion of the district attorney and
after a contradictory hearing, may order the destruction of the contraband after it is
determined that it is no longer needed as evidence. The contraband shall be presumed to be
necessary as evidence if an appeal of the conviction is pending, if the convicted person is
pursuing post-conviction remedies, or if the time for pursuing an appeal or post-conviction
remedies has not expired.
Acts 2008, No. 660, §1; Acts 2020, No. 353, §2; Acts 2021, No. 462, §1.