Louisiana Sexting Laws: Legal Consequences and Penalties

Louisiana is one of a handful of states with a specific sexting statute designed for minors. La. R.S. § 14:81.1.1 separates teen sexting from felony child pornography charges, treating it as a less serious offense when both parties are under 17. However, Louisiana's legal landscape for sexting is more complex than it appears. The state's 2024 rollback of the "Raise the Age" law means 17-year-olds are now prosecuted as adults, creating a sharp dividing line that catches many high school students off guard.

This guide covers every Louisiana statute that applies to sexting, from the teen-specific misdemeanor to felony child sexual abuse materials charges, revenge porn laws, and related offenses.

Louisiana Teen Sexting Law (La. R.S. § 14:81.1.1)

Louisiana enacted La. R.S. § 14:81.1.1, titled "Sexting; prohibited acts; penalties," to address cases where minors share explicit images with other minors. The statute recognizes that charging teenagers as sex offenders for consensual image sharing is often disproportionate. It applies only 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 sent by another person under 17.

These two categories carry different consequences, which is one of the most important distinctions in the statute.

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 qualify. A nude or semi-nude selfie that exposes the listed body parts meets the statutory definition of lewd exhibition.

Penalties for Teen Sexting

Louisiana's teen sexting statute draws a clear line between two types of conduct, and the penalties differ significantly.

Sending Your Own Images (Subsection A-1)

When a minor under 17 sends an indecent image of themselves, the case is handled through the Families in Need of Services (FINS) process under Title VII of the Louisiana Children's Code. FINS is a non-criminal, child-protective framework. It does not result in a delinquency adjudication or criminal record.

Under FINS, the court may order:

• Counseling or educational programs
• Family-based interventions
• Supervision by the Department of Children and Family Services

This approach reflects the legislature's recognition that a teenager who shares a self-produced image needs guidance, not a criminal conviction.

Possessing or Sharing Another Minor's Images (Subsection A-2)

When a minor under 17 possesses or distributes explicit images of another minor, the offense enters the delinquency system with escalating penalties.

Offense	Fine	Detention	Community Service Requirement
First Offense	$100 to $250	Up to 10 days	2 days (16 hours)
Second Offense	$250 to $500	10 to 30 days	5 days (40 hours)
Third or Subsequent	$500 to $750	30 days to 6 months	10 days (80 hours)

Mandatory Community Service: 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. A teen cannot simply pay a fine and walk away.

No Sex Offender Registration: A conviction under the teen sexting statute (§ 14:81.1.1) does not trigger sex offender registration requirements. This is one of the primary benefits of being charged under this statute rather than the felony child sexual abuse materials law.

The 17-Year-Old Problem: Adult Prosecution After the Raise the Age Rollback

This is the single most important thing for Louisiana families to understand about sexting law.

In April 2024, Louisiana became the first state in the nation to reverse its "Raise the Age" protections when Governor Jeff Landry signed Senate Bill 3. This law moved all 17-year-olds back into the adult criminal justice system, reversing protections that had been in place since 2017 under former Governor John Bel Edwards.

The teen sexting statute (§ 14:81.1.1) only applies to persons under 17. A 17-year-old who engages in the same conduct faces adult charges.

This creates dangerous scenarios for high school students:

• A 17-year-old who sends a nude photo to a 16-year-old is an adult transmitting obscene material to a minor. Depending on the circumstances, charges could include Indecent Behavior with Juveniles (La. R.S. § 14:81).
• A 17-year-old who receives a nude photo from a 16-year-old is an adult in possession of child sexual abuse materials. This is a felony carrying 5 to 20 years at hard labor.
• Two 17-year-olds sharing images with each other could both face adult felony charges, since neither qualifies for the teen sexting statute.

A birthday can transform a consensual exchange between high school classmates into a felony for the older partner. High school seniors dating juniors or sophomores face particularly high risk.

The March 2025 Amendment 3 Vote

In March 2025, Louisiana voters rejected Amendment 3 by a margin of 66% to 34%. That measure would have allowed the legislature to expand the number of offenses for which minors as young as 14 could be sentenced as adults. While the amendment did not pass, the existing Raise the Age rollback for 17-year-olds remains in effect.

Child Sexual Abuse Materials (La. R.S. § 14:81.1)

When the teen sexting statute does not apply (because the offender is 17 or older, or the conduct is more severe), prosecutors turn to 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 felony statute applies to:

• Production (taking or creating the photo or video)
• Distribution (sharing, transmitting, or providing it to others)
• Possession (having it on a device or in storage)

Penalty Table for CSAM Offenses

Offense Type	First Conviction	Second or Subsequent Conviction
Possession	Fine up to $50,000; 5 to 20 years hard labor	Fine up to $75,000; 10 to 40 years hard labor
Distribution	Fine up to $50,000; 5 to 20 years hard labor	Fine up to $75,000; 10 to 40 years hard labor
Production	Fine up to $50,000; 10 to 20 years hard labor	Fine up to $75,000; 20 to 40 years hard labor

All CSAM convictions are served without benefit of parole, probation, or suspension of sentence.

Enhanced Penalties for Young Victims

When the victim is under 13 years old and the offender is 17 or older, the penalty increases to 25 to 99 years at hard labor. This is among the harshest penalties in the country for this offense.

Revenge Porn: Nonconsensual Disclosure of a Private Image (La. R.S. § 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 who is 17 or older when:

• The person in the image is identifiable.
• You know or should have known the person did not consent to the disclosure.
• The image was obtained under circumstances where a reasonable person would understand it was meant to remain private.
• You acted with the intent to harass or cause emotional distress.

Penalties for Revenge Porn

Violation is a felony punishable by:

• Fine of up to $10,000
• Imprisonment with or without hard labor for up to 2 years

This law applies regardless of whether the person originally sent the image voluntarily. Consent to receive an image is not consent to share it.

Exceptions

The statute provides exceptions for:

• Disclosures by criminal justice agencies during lawful investigations
• Reporting unlawful conduct to law enforcement
• Images where the person voluntarily exposed intimate parts in a public setting
• Images related to matters of public interest involving public figures

Video Voyeurism (La. R.S. § 14:283)

Related to revenge porn, La. R.S. § 14:283 prohibits using a camera to secretly record someone in a place where they have a reasonable expectation of privacy (such as a bathroom, bedroom, or locker room) or to look under clothing ("upskirting") without consent.

The statute also prohibits sharing such recordings.

Penalties for Video Voyeurism

Offense	Penalty
First conviction	Fine up to $2,000; up to 2 years imprisonment
Second or subsequent conviction	Fine up to $2,000; 6 months to 3 years hard labor (no parole, probation, or suspension)
Victim under 17 (with intent to arouse)	Fine up to $10,000; 2 to 10 years hard labor (no parole, probation, or suspension)

Conviction for video voyeurism requires sex offender registration.

Computer-Aided Solicitation of a Minor (La. R.S. § 14:81.3)

Adults who use the internet to contact minors for sexual purposes face charges under La. R.S. § 14:81.3, "Computer-aided solicitation of a minor." This statute frequently applies when an adult (17 or older) begins sexting with a minor and suggests meeting in person.

The law requires the offender to be at least 17 years old and the victim (or believed victim) to be under 17, with an age difference greater than two years.

Penalties

• Without actual sexual conduct: Fine up to $10,000; 2 to 10 years imprisonment with or without hard labor.
• With actual sexual conduct and 5+ year age gap: Fine up to $10,000; 7 to 10 years imprisonment.
• Subsequent conviction: 10 to 20 years hard labor without benefit of parole, probation, or suspension.

Conviction requires mandatory sex offender registration. The court may also restrict or ban the offender's internet access.

Legal Defenses

Defending against sexting charges depends on the specific statute and circumstances involved.

Lack of Intent or Knowledge

The teen sexting statute requires the act to be "knowing and voluntary." If a student's phone was hacked, if they were coerced into sending the image, or if they did not know the content of the image, this may serve as a defense.

Unsolicited Images

Simply receiving an image you did not request is not always enough for a conviction, provided you do not save, share, or solicit it. However, the Louisiana teen statute explicitly prohibits "possession" of an image sent by another minor. Deleting the image promptly is the safest course of action.

Age Mistakes Are Not a Defense for Adults

For adults (17+) charged with crimes involving minors, a reasonable mistake about the victim's age is generally not a valid defense in Louisiana for sexual offenses involving victims under 17. The law places the burden on the adult to verify age.

What to Do If You or Your Child Is Charged

If you or your child faces an investigation or charges related to sexting, take these steps.

Contact a criminal defense attorney immediately. Sexting charges can carry lifelong consequences, including felony records and sex offender registration. The Louisiana State Bar Association operates a lawyer referral service.

Do not delete evidence after police contact you. While possessing the images is illegal, destroying evidence after law enforcement makes contact can result in additional charges for obstruction of justice. Let your attorney handle the evidence.

Exercise your right to remain silent. Do not explain the situation to police, school administrators, or the parents of the other child without a lawyer present. Statements like "I only sent it to one person" can be used to prove guilt.

Understand the timeline. The statute of limitations for most of these offenses is several years. Being contacted by police does not mean charges are imminent, but it does mean you should prepare a defense.

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