Provides relative to child sexual abuse materials
Provides relative to child sexual abuse materials
HB 305 Original 2026 Regular Session Carver
Abstract: Provides relative to victims of child sexual abuse materials.
Present law provides for the crime of child sexual abuse materials and provides for penalties.
Proposed law retains present law.
Present law requires the investigating law enforcement agency which seized the photographs, films, videotapes, or other visual reproductions of child sexual abuse materials to provide copies of those reproductions to the Internet crimes against children division within the attorney general's office upon the filing of any information or indictment by the prosecuting authority for a violation of present law (R.S. 14:81.1).
Proposed law removes the requirement of law enforcement to provide copies of those reproductions to the Internet crimes against children division within the attorney general's office and otherwise retains present law.
Present law provides for duties of investigating law enforcement agencies when an indictment or information for a violation of present law has been filed.
Present law further provides that one of these duties is to provide case information to the Child Victim Identification Program (CVIP), as requested by the Natl. Center for Missing and Exploited Children (NCMEC) guidelines, in any case where the Internet crimes against children division within the attorney general's office identifies a previously unidentified victim of child sexual abuse materials.
Proposed law amends present law to remove the criteria of identification of a previously unidentified victim of child sexual abuse materials by the crimes against children division within the attorney general's office. Otherwise retains present law.
Proposed law further requires law enforcement agencies to provide case information to the CVIP, as requested by the NCMEC guidelines, in any case submitted to the NCMEC when visual reproductions are recovered that contain child sexual abuse materials.
Proposed law provides that in any case that involves the production of newly created child sexual abuse materials, the investigating law enforcement agency is required to provide the case information and visual reproductions to the CVIP, as requested by the NCMEC guidelines.
Present law requires the Internet crimes against children division to submit the law enforcement agency contact information provided by the CVIP at the NCMEC to the designated prosecutor for any visual reproductions involved in the case which contain the depiction of an identified victim of child sexual abuse materials.
Proposed law retains present law but changes the submitter from the Internet crimes against children division to the investigating law enforcement agency.
Present law requires the prosecuting agency to submit certain information to the attorney general for entry into the La. Attorney General's Exploited Children's Identification database in all cases in which the prosecuting authority has filed an indictment or information for a violation of present law (R.S. 14:81.1) and the victim of child sexual abuse materials has been identified and is a resident of the state of La.
Proposed law changes the submitter from the prosecuting agency to the investigating law enforcement agency and changes the recipient from the attorney general to the CVIP at the NCMEC.
Proposed law further amends the information that is to be submitted to the CVIP at the NCMEC as follows:
(1) Adds the agency file number of the case in addition to the parish, district, and docket number of the case.
(2) Provides for biographical information associated with the victim, rather than the identity of the victim.
(3) Removes contact information maintained by the CVIP and provided to the Internet crimes against children division.
(Amends R.S. 14:81.1(F))