Cyberstalking — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes, Cyber Crimes, White Collar Crime.

 

Louisiana Laws: Cyberstalking — La R.S. 14:40.3

Cyberstalking is action of any person to accomplish any of the following:

* Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person’s child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.

 * Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.

* Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to threaten, terrify, or harass.

 

Penalties  — Enhanced Penalties

Whoever commits the crime of cyberstalking shall be fined not more than $2,000, or imprisoned for not more than 1 year, or both.

 Upon a Second Conviction occurring within 7 Years of the prior conviction for cyberstalking, the offender shall be imprisoned for 6 months to 3 years , and may be fined $5,000, or both.

Upon a Third or Subsequent Conviction occurring within 7 Years of a prior conviction for stalking, the offender shall be imprisoned for 2 to 5 years and may be fined $5,000, or both.

In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney.  This includes any cell phones, cameras, computers, tablets….

Any offense under this Section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received, or originally viewed by any person.

 

Related Posts:

CYBER-BULLYING

STALKING

 

Elizabeth B. Carpenter an Internet Crimes Attorney based in New Orleans.

 

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