Governor signs ‘video voyeurism’ measure into law

In mid-August, Louisiana Gov. M.J. Foster signed into law a bill that makes “video voyeurism” a crime that can be punished by fines and imprisonment. The state legislature in Baton Rouge enacted the law, subsequently signed by Foster, which makes secret videotaping a crime if the videotape is used for a “lewd and lascivious” purpose.

The law took effect immediately, and carries fines up to $2,000 and the potential for imprisonment for up to two years for first-time offenders.

The state legislature in Baton Rouge in mid-August made “video voyeurism” a crime in Louisiana. The statute makes it unlawful to observe, view, photograph, film, or videotape a person without consent if it is for a “lewd or lascivious” purpose. The bill took effect immediately after it was signed by Gov. M.J. Foster.

While the law makes it unlawful to observe, view, photograph, film, or videotape a person without his consent if it is for a “lewd or lascivious” purpose, and also outlaws the transfer of images obtained in such a manner, the law specifically exempts the transfer of such images by telephone companies, cable television companies, Internet providers, or commercial on-line service providers. The exemption includes the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet or commercial on-line services.

According to The (Baton Rouge) Advocate, the law was enacted in response to an incident in which a man secretly taped a woman in her home in Monroe for more than two years and could only be criminally charged with the unauthorized entry of a home. The Advocate also reported that the initial version of the bill, which did not require a “lewd and lascivious” purpose, was opposed by many journalists and private investigators who argued that the bill would have hindered their ability to work.

The penalties for video voyeurism range from a $2,000 to $10,000 fine and from six months to 10 years of imprisonment. Penalties escalate depending on the frequency and nature of the voyeurism. A person convicted of video voyeurism for the first time faces up to $2,000 in fines, or imprisonment, with or without hard labor, not to exceed two years, or both. Any subsequent conviction will result in a fine of up to $2,000 and imprisonment at hard labor for at least six months but not more than three years, without parole, probation or suspension of sentence.

Additionally, if the video voyeurism concerns observing, viewing, photographing, filming or videotaping “vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals” the penalties are more harsh. A person convicted of this kind of video voyeurism is subject to a fine up to $10,000 and imprisonment at hard labor for at least one year but not more than five years, without parole, probation or suspension of sentence.

Finally, if the person who is observed, viewed, photographed, filmed or videotaped is under the age of 17, and the offender intends to achieve arousal or gratification of his sexual desires, the offender is subject to a fine up to $10,000 and imprisonment at hard labor for at least two years but not more than ten years, without benefit of parole, probation or suspension of sentence. (1999 La. Acts 1240)