Louisiana takes a strict approach to sexting, maintaining a clear legal distinction between minors (under 17) and adults. Under Louisiana Revised Statutes § 14:81.1.1, minors who share explicit images of themselves face misdemeanor charges in juvenile court rather than the severe felony penalties associated with child sexual abuse materials (formerly child pornography). However, because Louisiana treats 17-year-olds as adults for criminal prosecution, high school seniors and older teens face significant legal risks when exchanging images with younger partners.
Key Points
- Specific Teen Sexting Law: Yes (La. R.S. § 14:81.1.1)
- Juvenile Age Limit: Under 17 years old
- 17-Year-Olds: Prosecuted as adults
- Minor-to-Minor Penalty: Misdemeanor (fine + community service)
- Revenge Porn Law: Yes (La. R.S. § 14:283.2)
- Sex Offender Registration: Not typically required for teen sexting (§ 14:81.1.1)
Penalties at a Glance
- First Offense (Under 17): Up to 10 days detention, community service
- Second Offense (Under 17): Up to 30 days detention
- Child Sexual Abuse Materials (Adult): 5-20 years prison (Hard Labor)
- Revenge Porn (Adult): Up to 2 years prison, $10,000 fine
Table of Contents
- Louisiana Teen Sexting Law (§ 14:81.1.1)
- Penalties for Teen Sexting
- The 17-Year-Old Trap: Adult Prosecution
- Child Sexual Abuse Materials (§ 14:81.1)
- Revenge Porn & Nonconsensual Disclosure (§ 14:283.2)
- Video Voyeurism (§ 14:283)
- Computer-Aided Solicitation (§ 14:81.3)
- Legal Defenses
- Frequently Asked Questions
- What to Do If Charged
- Resources
Louisiana Teen Sexting Law (§ 14:81.1.1)
Louisiana enacted La. R.S. § 14:81.1.1, titled “Sexting; prohibited acts; penalties,” to handle cases where minors send explicit images to other minors. This statute recognizes that labeling teenagers as sex offenders for consensual image sharing is often disproportionate. However, the law only applies to individuals under the age of 17.
The law prohibits a person under 17 from knowingly and voluntarily:
- Using a computer or phone to transmit an “indecent visual depiction” of themselves to another person.
- Possessing or transmitting an indecent visual depiction that was originally transmitted by another person under 17.
What Counts as an “Indecent Visual Depiction”?
The statute defines “indecent visual depiction” as any photo, video, or digital image of a person under 17 engaging in “sexually explicit conduct.” This includes:
- Sexual intercourse (actual or simulated)
- Masturbation
- Lewd exhibition of the genitals, pubic hair, anus, vulva, or female breast nipples
This definition is broad. A photo does not need to show a sexual act to be illegal. A simple nude or semi-nude “selfie” that exposes the listed body parts fits the definition of lewd exhibition.
Penalties for Teen Sexting
Violations of § 14:81.1.1 are misdemeanors handled within the juvenile justice system. The focus is often on education and community service rather than incarceration, but detention is possible.
Tiered Penalties
| Offense | Fine | Detention / Jail | Community Service Condition |
|---|---|---|---|
| First Offense | $100 – $250 | Up to 10 days | 2 days (16 hours) |
| Second Offense | $250 – $500 | 10 – 30 days | 5 days (40 hours) |
| Third+ Offense | $500 – $750 | 30 days – 6 months | 10 days (80 hours) |
Probation Requirement: The law states that the sentence cannot be suspended unless the offender is placed on probation with the specific condition of performing court-approved community service. This means a teen cannot just pay a fine and walk away. They must perform the service.
The 17-Year-Old Trap: Adult Prosecution
Critical Warning: In Louisiana, the “Raise the Age” legislation was rolled back in 2024. This means 17-year-olds are automatically prosecuted as adults for criminal offenses. They are not considered “children” under the juvenile code for criminal jurisdiction.
This creates a dangerous legal trap for high school students:
- If a 17-year-old sends a nude photo to a 16-year-old: The 17-year-old is an adult sending obscene material to a minor. While they might avoid child porn charges if the image is of themselves (since they are over the “juvenile” age of 16 for the purpose of the image content), they could face other charges like Indecent Behavior with Juveniles (§ 14:81).
- If a 17-year-old receives a photo from a 16-year-old: The 17-year-old is an adult in possession of child pornography. This is a felony. The “teen sexting” misdemeanor statute (§ 14:81.1.1) only applies to offenders under 17.
High school seniors dating juniors or sophomores must be extremely cautious. A birthday can change a consensual exchange into a felony for the older partner.
Child Sexual Abuse Materials (§ 14:81.1)
When the “sexting” statute does not apply (e.g., the offender is 17 or older, or the conduct is more severe), prosecutors use the state’s main statute, La. R.S. § 14:81.1. Effective August 1, 2025, this offense was renamed from “Pornography involving juveniles” to “Child sexual abuse materials” (CSAM).
This is a serious felony. It applies to:
- Possession
- Distribution (giving it to others)
- Production (taking the photo/video)
Felony Penalties
The penalties for Child Sexual Abuse Materials are severe and often include “hard labor” (state prison):
- Possession: First offense carries a fine of up to $10,000 and imprisonment at hard labor for 5 to 20 years.
- Distribution/Production: Fines up to $50,000 and imprisonment at hard labor for 10 to 50 years.
If the offender is 17+ and the victim is under 13, the penalties increase significantly.
Revenge Porn & Nonconsensual Disclosure (§ 14:283.2)
Sharing intimate images without consent is a felony in Louisiana. La. R.S. § 14:283.2 prohibits the “Nonconsensual disclosure of a private image.”
You commit this offense if you intentionally disclose an image of another person’s intimate parts or sexual conduct when:
- The victim is identifiable.
- You know the victim did not consent to the disclosure.
- The victim had a reasonable expectation of privacy in the image.
- The disclosure was made with the intent to harass, annoy, or cause distress to the victim.
Penalties
Violation of this statute is a felony punishable by:
- Fine of not more than $10,000.
- Imprisonment with or without hard labor for not more than 2 years.
This law applies regardless of whether the victim originally sent the image voluntarily. Consent to receive an image is not consent to share it with the world.
Video Voyeurism (§ 14:283)
Related to revenge porn is the crime of Video Voyeurism (La. R.S. § 14:283). This statute prohibits using a camera to secretly record someone in a private place (like a bathroom or bedroom) or to look under clothing (“upskirting”) without consent.
It also prohibits sharing such images. If a student secretly records a classmate changing in a locker room and sends it around, they face Video Voyeurism charges. Penalties include fines up to $10,000 and imprisonment for 2 to 5 years.
Computer-Aided Solicitation (§ 14:81.3)
Adults who use the internet to try to meet minors for sexual activity face charges under La. R.S. § 14:81.3, “Computer-aided solicitation of a minor.”
This often applies in “sting” operations or when an adult (17+) begins sexting with a minor and suggests a meeting. It is a felony punishable by imprisonment at hard labor for 2 to 10 years and a fine of up to $10,000. Registration as a sex offender is mandatory upon conviction.
Legal Defenses
Defending against sexting charges often involves examining the specific intent and circumstances of the case.
Lack of Intent / Knowledge
The teen sexting statute requires the act to be “knowing and voluntary.” If a student’s phone was hacked, or if they were forced to send the image under duress, this may be a valid defense.
Unsolicited Images
Simply receiving an image you didn’t ask for is often not enough for a conviction, provided you do not save it, share it, or solicit it. However, the Louisiana teen statute explicitly prohibits “possession” of an image transmitted by another minor. Prompt deletion is the safest course of action.
Age Discrepancies
For adults (17+) charged with crimes involving minors, proving a reasonable mistake of fact regarding age is generally not a defense in Louisiana for sexual offenses involving victims under 17. The law places the burden on the adult to verify age.
Frequently Asked Questions
Is sexting a felony in Louisiana?
It depends on the age of the people involved. For minors under 17 sharing images with other minors, it is usually a misdemeanor under § 14:81.1.1. For adults (17+) or cases involving distribution of child pornography, it is a serious felony.
Does Louisiana have a “Romeo and Juliet” law for sexting?
Louisiana does not have a specific “Romeo and Juliet” exception written directly into the sexting statute that automatically dismisses charges for close-in-age couples. However, the existence of the specific teen sexting law (§ 14:81.1.1) acts as a form of protection by lowering the offense to a misdemeanor rather than a felony.
Will my child have to register as a sex offender?
Generally, no. A conviction under the specific teen sexting statute (§ 14:81.1.1) does not automatically trigger the sex offender registration requirements that apply to felony child pornography convictions. This is one of the main benefits of the specific teen law.
Can schools punish students for sexting?
Yes. If the conduct occurs on school property, uses school Wi-Fi/devices, or causes a substantial disruption to the school environment, schools can suspend or expel students. This is separate from any criminal charges.
What if I am 17 and my partner is 16?
You are at high risk. You are legally an adult in the criminal justice system. Possessing a nude photo of a 16-year-old is technically possession of pornography involving a juvenile, a felony. You should consult a lawyer immediately if this situation applies to you.
Is it illegal to screenshot a Snapchat nude?
Yes. If the image depicts a minor, possessing that screenshot is illegal. If you share that screenshot with others, you could face distribution charges. If you share it to harm the person, you could also face revenge porn charges.
What to Do If Charged
If you or your child faces an investigation or charges related to sexting:
1. Do Not Delete Evidence Immediately
While possessing the images is illegal, deleting them after police have contacted you can be charged as “Obstruction of Justice.” Let your lawyer handle how to manage the evidence.
2. Remain Silent
Do not explain the situation to the police, school administrators, or parents of the other child without a lawyer present. Admissions like “I only sent it to one person” can be used to prove guilt.
3. Hire an Attorney
Because Louisiana treats 17-year-olds as adults, and because the line between a misdemeanor and a felony is so thin, expert legal representation is vital. A lawyer can advocate for the case to be kept in juvenile court or for charges to be reduced to the § 14:81.1.1 misdemeanor.
Resources
Legal & Support
- Louisiana State Bar Association Lawyer Referral
- Louisiana State Legislature (Search current laws)
- Cyber Civil Rights Initiative (Help for nonconsensual porn victims)
This article provides general legal information about Louisiana sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges or need legal guidance, consult with a qualified Louisiana criminal defense attorney.