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Gerald, Esq
Gerald, Esq, Lawyer
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I am attempting to ascertain the Louisiana state laws that

Customer Question

I am attempting to ascertain the Louisiana state laws that apply to the production of, manufacturing of, distribution of and participation of pornography materials weather they are online in print or on video.
Submitted: 9 months ago.
Category: Legal
Expert:  Gerald, Esq replied 9 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The law in Louisiana is very similar to the laws of most states. As in most states the law is codified under the Penal Code pertaining to obscenity.

Louisiana covers this issue under RS 14:106 pertaining to Obscenity. Here is a link to the law:

http://law.justia.com/codes/louisiana/2006/146/78258.html

The question in any of the cases pertaining to pornography laws is the balancing of the law with the individual's free speech rights under the US Constitution.

Under the most recent US Supreme Court case law addressing the issue before a state bans a form of expression on the grounds that it is obscene, it must establish that the material, when taken as a whole: 1) appeals to the prurient interest in sex, 2) is patently offensive in light of community standards, and 3) lacks serious literary, artistic, political, or scientific value.

See: Miller v. California, 413 U.S. 15 (1973). Here is a link to the decision:

http://caselaw.findlaw.com/us-supreme-court/413/15.html

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Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 9 months ago.
After reading the information you provided my only other real concern or question would be; could or would individuals be criminally prosecuted for doing acts are considered illegal in the state but would be considered normal sexual acts such as cunnillingus or fellatio or other acts that are filmed and available for purchase in the current mainstream adult industry?
Expert:  Gerald, Esq replied 9 months ago.

Hello:

Unfortunately it appears that Louisiana is a state where such prosecutions do occur when law enforcement becomes aware of the activity.

See this case as an example.:

http://caselaw.findlaw.com/la-court-of-appeal/1285275.html

In Louisiana it is a felony offense that carries a mandatory minimum sentence of six months in prison on the first offense.

So Louisiana is probably NOT the best state to pursue this. The most lenient state on the issue is California. As far as I know there is no stat by state listing.

Kind regards,
Gerald

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