Louisiana — Federal AI Profile + State Criminal/Regulatory AI Laws (SB 175 AI-CSAM 2023; R.S. 14:73.14 AI deepfakes 2024; HB 119 + HB 459 confirmed enacted eff. 2026-08-01): AI Compliance Requirements

FTC Act § 5 applies to all Louisiana businesses using AI. Ensure AI chatbots disclose their nature, AI-generated marketing claims are truthful, and AI pricing systems do not engage in unfair practices. Louisiana Unfair Trade Practices and Consumer Protection Law (LUTPA, R.S. 51:1401) may apply independently to deceptive AI claims in trade and commerce.

EEOC May 2023 guidance requires Louisiana employers using AI hiring, scheduling, or performance evaluation tools to test for disparate impact. Louisiana's energy sector (ExxonMobil, Shell, Chevron) and maritime industry using AI safety monitoring and hiring systems must ensure no discriminatory effects. Run regular disparate impact analyses and document AI vendor compliance.

Louisiana SB 175 (2023, signed by Gov. John Bel Edwards, eff. Aug. 1, 2023; R.S. 14:91.5.1 & 14:91.5.2) makes it a crime to knowingly create, distribute, or possess any AI-generated or otherwise computer-generated visual depiction of a minor engaged in sexual conduct — closing the loophole that previously excluded synthetic imagery where no real child was photographed. Base offense: 5–20 years at hard labor + a fine up to $10,000. Advertising, distributing, or selling such material carries an enhanced penalty of 10–30 years at hard labor + a fine up to $50,000. Binds individuals and any business or platform that creates or distributes such material in Louisiana. 2026 SESSION UPDATE: SB 110 (now Act 211) and SB 42 (now Act No. 892) — both signed, both effective 2026-08-01 — further close an AI-CSAM training-data loophole, prohibiting use of a child's image (real or itself AI-generated) to train an AI system capable of producing CSAM, without requiring the depicted child to be an actual living person. Counsel should confirm the exact R.S. 14 sections and sentencing ranges for Acts 211/892 against the enacted text.

Louisiana HB 475 (signed 2026-06-02, effective 2026-08-01) requires a healthcare professional licensed under Title 37 to verbally disclose to a patient, before recording any part of an appointment or treatment, the use of any recording device, software, or service that transcribes using artificial intelligence. The bill's scope narrowed during the legislative process from a consent-based right (with opt-out) to a disclosure-only duty — verify the final enacted text does not impose a separate consent requirement. Applies to Louisiana-licensed healthcare providers using AI medical-scribe/transcription tools. legal_review_pending.

Louisiana HB 119 (Rep. Bryan Fontenot; signed by Gov. Jeff Landry; effective 2026-08-01) prohibits knowingly creating or possessing AI-generated material depicting a minor engaged in sexual conduct: 5-20 years at hard labor, a fine up to $10,000, or both, WITH a minimum of 5 years to be served without benefit of parole, probation, or suspension of sentence. Binds any individual or platform creating, possessing, or distributing such AI-generated material connected to Louisiana. Counsel should confirm the exact R.S. 14 section and sentencing structure against the enacted Act text.

Louisiana HB 459 (Rep. Mandie Landry; signed by Gov. Jeff Landry; effective 2026-08-01; amends R.S. 18:1463, 1483, 1501.1) requires a clear, understandable disclosure on any electioneering communication that uses AI to create or materially manipulate the image or likeness of a candidate, or of an elected official subject to recall, within 60 days of an election. Raises the maximum criminal fine for campaign-disclosure-law violations from $2,000 to $10,000; violators also face up to 2 years imprisonment. Applies to any person, campaign, PAC, or vendor producing AI-generated political imagery of a Louisiana candidate/official.

Louisiana R.S. 14:73.14 (2024), "Unlawful dissemination or sale of images of another created by artificial intelligence," criminalizes the non-consensual creation, dissemination, or sale of an AI-created image that shows an identifiable person totally nude or in a state of undress, where done to harass, intimidate, or threaten. Classified as a misdemeanor: up to 6 months in jail and/or a fine up to $750. Any business or individual using AI image-generation tools in Louisiana must ensure non-consensual nude/sexual deepfakes of identifiable people are not produced or distributed. Counsel should confirm the exact statutory elements, intent requirement, and penalty against the enacted text. HB 119 (2026, eff. 2026-08-01) separately amended R.S. 14:73.14(A) and (D) as part of its own deepfake-sexting expansion (see `la_hb119_ai_minor_imagery`).

Louisiana is actively developing biometric privacy legislation that would regulate AI facial recognition and voiceprint systems. Proactively comply with FTC May 2023 Biometric Policy Statement: ensure any AI using biometric data (facial recognition in plants, voiceprint in call centers) is disclosed, consented to, and limited to proportionate purposes. Document all biometric AI deployments now in preparation for likely state legislation.

Louisiana's oil and gas refineries, pipelines, and chemical plants are designated critical infrastructure. CISA's AI Risk Guidance for Critical Infrastructure (2023) advises energy operators to assess AI cyber risks, avoid single-point AI failures in safety systems, and maintain human override capability for AI-controlled industrial systems. Review CISA guidance at cisa.gov/artificial-intelligence.

Monitor legis.la.gov for biometric privacy and AI legislation. Louisiana is one of the most active states considering biometric privacy rules (similar to Illinois BIPA). A Louisiana biometric privacy law would create private rights of action with substantial per-violation damages.