Maegan Adkins-Barras

Maegan Adkins-Barras, 32, of Broussard, was booked with unlawful posting of criminal activity for notoriety and publicity.

It is unclear what charge, if any, an Acadiana High School mom might be facing after spending the night in jail for posting a video to Facebook of students fighting on the school's campus.

District Attorney Keith Stutes has declined to comment on the matter until his office receives the incident report from the Scott Police Department. 

"I have not received a report from the law enforcement involved," Stutes said. "And until that report is viewed, I cannot and will not have any comments." 

Scott Police Chief Chad Leger said he expects to send the report to the DA's office on Monday.

The original charge Maegan Adkins-Barras spent a night in jail for was "unlawfully posting criminal activity for notoriety or publicity."

An Acadiana High School resource officer contacted Adkins-Barras when he learned of the video’s existence and arrested the mom Wednesday even after she removed her son's video from her Facebook page, according to the arrest affidavit. Adkins-Barras was released Thursday morning from the Lafayette Parish Correctional Center.

State Sen. Fred Mills, a republican whose district covering portions of Lafayette, St. Martin, St. Landry and Vermilion parishes, supported the bill that unanimously passed in 2008.

"It looks like in this situation, there was some misinterpretation of the law," Mills said. "The intent of the bill wasn't for innocent people to be arrested for something they didn't do."

Another media outlet reported Friday that an unidentified source with the DA's office said "the charge will be lessened to illegally sharing images of juveniles without parental consent" and "additional charges may follow." 

A search through the Louisiana State Legislature website for "illegally sharing images of juveniles without parental consent" yielded no results, and searches for individual keywords also yielded nothing promising.

Franz Borghardt, a criminal defense attorney who has taught criminal litigation at the LSU Law School, could not immediately locate the law in question.

The closest match he could find is "unlawful possession of videotape of protected persons." 

Protected persons, in this case, include "any person who is a victim of a crime" or "witness in a criminal proceeding" and who is "under the age of 17 years." The law says nobody can "knowingly and intentionally" possess or distribute video of protected persons.

Both the original charge and the potential new charge are misdemeanors that carry the same possible sentence — a fine of no more than $500 or no more than six months in jail, or both.

"I think someone realized, 'Oops, what Scott police arrested her for doesn't fit the facts of the incident,' and now they have to justify the arrest by using another obscure and seldomly used law," Borghardt said.  "You're going to have the same constitutional issues as before. I still say this all smells funny."


Follow Megan Wyatt on Twitter, @MeganWyattACA.