{
 "citation": "14:40.3",
 "heading": "Cyberstalking",
 "doc_id": "78516",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78516",
 "classification": "M",
 "enacted_year": "2020",
 "last_amended_year": "2020",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Whoever commits the crime of cyberstalking shall be fined not more than two thousand dollars, or imprisoned for not more than one year, or both.",
   "los_min": "0",
   "los_max": "1Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) Upon a second conviction occurring within seven years of the prior conviction for cyberstalking, the offender shall be imprisoned for not less than one hundred and eighty days and not more than three years, and may be fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(3)",
   "text": "(3) Upon a third or subsequent conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned for not less than two years and not more than five years and may be fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:40.3\n\n\u00a740.3. Cyberstalking\n\nA. For the purposes of this Section, the following words shall have the following\nmeanings:\n\n(1) \"Electronic communication\" means any transfer of signs, signals, writing, images,\nsounds, data, or intelligence of any nature, transmitted in whole or in part by wire, radio,\ncomputer, electromagnetic, photoelectric, or photo-optical system.\n\n(2) \"Electronic mail\" means the transmission of information or communication by\nthe use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video\nrecorder, or other electronic means sent to a person identified by a unique address or address\nnumber and received by that person.\n\nB. Cyberstalking is action of any person to accomplish any of the following:\n\n(1) Use in electronic mail or electronic communication of any words or language\nthreatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or\ndependent, or physical injury to the property of any person, or for the purpose of extorting\nmoney or other things of value from any person.\n\n(2) Electronically mail or electronically communicate to another repeatedly, whether\nor not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.\n\n(3) Electronically mail or electronically communicate to another and to knowingly\nmake any false statement concerning death, injury, illness, disfigurement, indecent conduct,\nor criminal conduct of the person electronically mailed or of any member of the person's\nfamily or household with the intent to threaten, terrify, or harass.\n\n(4) Knowingly permit an electronic communication device under the person's control\nto be used for the taking of an action in Paragraph (1), (2), or (3) of this Subsection.\n\nC.(1) Whoever commits the crime of cyberstalking shall be fined not more than two\nthousand dollars, or imprisoned for not more than one year, or both.\n\n(2) Upon a second conviction occurring within seven years of the prior conviction\nfor cyberstalking, the offender shall be imprisoned for not less than one hundred and eighty\ndays and not more than three years, and may be fined not more than five thousand dollars,\nor both.\n\n(3) Upon a third or subsequent conviction occurring within seven years of a prior\nconviction for stalking, the offender shall be imprisoned for not less than two years and not\nmore than five years and may be fined not more than five thousand dollars, or both.\n\n(4) Repealed by Acts 2020, No. 352, \u00a72.\n\nD. Any offense under this Section committed by the use of electronic mail or\nelectronic communication may be deemed to have been committed where the electronic mail\nor electronic communication was originally sent, originally received, or originally viewed\nby any person.\n\nE. This Section does not apply to any peaceable, nonviolent, or nonthreatening\nactivity intended to express political views or to provide lawful information to others.\n\nActs 2001, No. 737, \u00a71; Acts 2010, No. 763, \u00a71; Acts 2020, No. 352, \u00a72."
}