Provides for consistent definition of "commercial sexual activity". (8/1/26)

SB 87 amends Louisiana Revised Statutes sections 14:46.2(C)(1) and 14:46.3(B) to standardize the definition of commercial sexual activity across human trafficking and child trafficking statutes. Under present law, the human trafficking statute defines commercial sexual activity to include any sexual act when something of value is exchanged, while the child trafficking statute limits its definition to lewd or lascivious acts. The bill revises both statutes to use identical language providing that commercial sexual activity encompasses any sexual or lewd or lascivious act performed or conducted when anything of value has been given, promised, or received by any person, directly or indirectly, including the production or transmission of child sexual abuse materials or pornography. This unified definition eliminates the prior statutory inconsistency by explicitly including both sexual acts and lewd or lascivious conduct in both provisions and adding specific language addressing child sexual abuse materials and pornography distribution in addition to production.

The primary effect is to broaden the scope of prosecutable conduct under both human trafficking and trafficking of children for sexual purposes statutes. For human trafficking cases, the addition of lewd or lascivious acts to the definition means prosecutors can pursue trafficking charges based on such conduct beyond purely sexual acts. For child trafficking cases, the addition of sexual acts to a definition previously limited to lewd or lascivious conduct expands the universe of conduct that qualifies as commercial sexual activity. In both contexts, the explicit inclusion of production and transmission of child sexual abuse materials means that individuals engaged in creating, distributing, or exchanging such materials in exchange for value can be prosecuted under the trafficking statutes rather than relying solely on child pornography laws. This affects prosecutors pursuing trafficking cases, defendants charged under these statutes, and investigative agencies working on human trafficking and child exploitation matters.

The amendments operate within Louisiana's existing human trafficking and child sexual exploitation framework established in Chapter 46 of the Louisiana Criminal Code. R.S. 14:46.2 addresses human trafficking generally, defining the crime and establishing penalties, while R.S. 14:46.3 specifically addresses trafficking of children for sexual purposes with enhanced penalties reflecting the vulnerability of child victims. The definition of commercial sexual activity is crucial because it establishes the predicate conduct triggering trafficking liability and distinguishes trafficking cases from other sexual offense statutes. By harmonizing these definitions, the bill ensures consistent application of trafficking laws regardless of whether the victim is an adult or child and clarifies that the statutes reach conduct involving digital materials and online exploitation. The effective date of August 1, 2026 allows time for prosecutorial and law enforcement implementation of the expanded definitions.