What is Cyberstalking in Louisiana?
In New Orleans the definition of Cyberstalking is found at Louisiana Revised Statute 14:40.3.
It is action by any person for the following reasons:
* 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.
Noteworthy
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.
If you are the victim of cyberstalking go to the nearest police station and file a police report. If the police refuse to help you, filing for a civil protective order against the stalker, harasser is another avenue to seek help.
Penalty for Cyberstalking
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.
Additionally, the court shall order that the personal property used in the commission of the offense 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…. In other words, your digital property will not be returned to you.
Legal Assistance
If you are the victim or being accused of cyberstalking in New Orleans, contact Elizabeth B. Carpenter, our New Orleans cyberstalking attorney today. She has years of experience dealing with stalking and harassment and cybercrimes.
Disclaimer
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.