HB 320

ENROLLED
 2026 Regular Session
  ACT No. 151
 HOUSE BILL NO. 320
 BY REPRESENTATIVE FIRMENT
1AN ACT
2 To amend and reenact R.S. 15:541(24)(a) and to enact R.S. 14:406, relative to offenses
3affecting law enforcement; to create the crime of unlawful exposure by an inmate;
4to provide for definitions; to provide for penalties; to provide with respect to sex
5offender registration and notification requirements; and to provide for related
6matters.
7 Be it enacted by the Legislature of Louisiana:
8Section 1. R.S. 14:406 is hereby enacted to read as follows:
9§406. Unlawful exposure by an inmate
10A. It is unlawful for an adult inmate who is incarcerated in an adult facility
11to expose his or her intimate parts to any correctional facility employee with the
12intent of doing any of the following:
13(1) Arousing or gratifying the sexual desires of the inmate.
14(2) Intimidating or harassing a correctional facility employee.
15B. For the purposes of this Section, the following terms have the following
16meanings:
17(1)   "Correctional facility" means any adult jail, prison, penitentiary,
18temporary holding center, or detention facility.
19(2) "Correctional facility employee" means an employee of any adult jail,
20prison, penitentiary, temporary holding center, or detention facility.
21(3) "Intimate parts" means the genitals, pubic hair, anus, vulva, or female
22breast nipples of the inmate.
  Page 1 of 3
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HB NO. 320  ENROLLED
1C.(1) Whoever violates the provisions of this Section shall be imprisoned
2with or without hard labor for not more than three years, fined not more than two
3thousand five hundred dollars, or both.
4(2)   Upon a second or subsequent conviction, the offender shall be
5imprisoned with or without hard labor for not more than five years, fined not more
6than twenty five thousand dollars, or both.
7(3) Any sentence imposed pursuant to this Section shall run consecutively
8to any other sentence being served by the offender at the time of the offense.
9Section 2. R.S. 15:541(24)(a) is hereby amended and reenacted to read as follows:
10§541. Definitions
11For the purposes of this Chapter, the definitions of terms in this Section shall
12apply:
13*       *  *
14(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,
15or conviction for the perpetration or attempted perpetration of or conspiracy to
16commit human trafficking when prosecuted under the provisions of R.S.
1714:46.2(B)(2), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:89
18(crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S.
1914:89.2(B)(3) (crime against nature by solicitation), R.S. 14:80 (felony carnal
20knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1
21(pornography involving juveniles) which occurred prior to August 1, 2025, R.S.
2214:81.2 (molestation of a juvenile or a person with a physical or mental disability),
23R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.4 (prohibited
24sexual conduct between an educator and student), R.S. 14:82.1 (prostitution; persons
25under eighteen), R.S. 14:82.2(C)(4) or (5) (purchase of commercial sexual activity),
26R.S. 14:83(B)(2) or (3) (soliciting for prostitutes), R.S. 14:92(A)(7) (contributing to
27the delinquency of juveniles), R.S. 14:93.5 (sexual battery of persons with
28infirmities), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age
29of seventeen), R.S. 14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:42
30(aggravated or first degree rape), R.S. 14:42.1 (forcible or second degree rape), R.S.
  Page 2 of 3
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HB NO. 320  ENROLLED
114:43 (simple or third degree rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2
2(second degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5
3(intentional exposure to HIV), a second or subsequent conviction of R.S. 14:283.1
4(voyeurism), R.S. 14:406 (unlawful exposure by an inmate), or a second or
5subsequent conviction of R.S. 14:89.3 (sexual abuse of an animal), committed on or
6after June 18, 1992, or committed prior to June 18, 1992, if the person, as a result of
7the offense, is under the custody of the Department of Public Safety and Corrections
8on or after June 18, 1992. A conviction for any offense provided in this definition
9includes a conviction for the offense under the laws of another state, or military,
10territorial, foreign, tribal, or federal law which is equivalent to an offense provided
11for in this Chapter, unless the tribal court or foreign conviction was not obtained with
12sufficient safeguards for fundamental fairness and due process for the accused as
13provided by the federal guidelines adopted pursuant to the Adam Walsh Child
14Protection and Safety Act of 2006.
15*       *  *
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
  Page 3 of 3
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.