14:40.3 A.Cyberstalking - definitions of electronic communication and electronic mail
Electronic communication as pertaining to cyberstalking means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. Electronic mail as pertaining to cyberstalking means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
Effective: 08/15/2001 - Present
|
14:40.3 B.(1)Cyberstalking - use of threatening language/words in electronic mail/communication
Cyberstalking is action of any person to use, in electronic mail or electronic communication, 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.
Effective: 08/15/2001 - Present
|
14:40.3 B.(2)Cyberstalking - using electronic mail or communication to communicate repeatedly to threaten
Cyberstalking is action of any person to electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
Effective: 08/15/2001 - Present
|
14:40.3 B.(3)Cyberstalking - electronically mailing or communicating to make false statement to harass or threaten
Cyberstalking is electronically mailing electronically communicate with 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.
Effective: 08/15/2001 - Present
|
14:40.3 B.(4)Cyberstalking - knowingly permit electronic communication device to be used for action described in (1) (2) or (3)
Cyberstalking is action of any person to knowingly permit an electronic communication device under the person's control to be used for the taking of an action in Paragraph (1), (2), or (3) of this Subsection.
Effective: 08/15/2001 - Present
|
14:40.3 C.(1)Cyberstalking - penalty
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.
Effective: 08/15/2001 - Present
|
14:40.3 C.(2)Cyberstalking - second conviction penalty
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.
Effective: 08/15/2001 - Present
|
14:40.3 C.(3)Cyberstalking - 3rd conviction or subsequent conviction occurring within seven years of a prior conviction - penality
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.
Effective: 08/15/2001 - Present
|
14:40.3 C.(4)Cyberstalking - court may order seizure and sale of property involved in the offense
Additionally 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 in accordance with R.S. 15:539.1.The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Effective: 08/15/2010 - Present
|
14:40.3 D.Cyberstalking - determining time of commission of offense
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.
Effective: 08/15/2001 - Present
|
14:40.3 E.Cyberstalking - section doesn't apply to peacable, nonviolent, nonthreatening activity
This Section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others.
Effective: 08/15/2001 - Present
|
14:40.4 A.Cross burning - charging and definition
It shall be unlawful for any person, with the intent of intimidating any person or group of persons to burn, or cause to be burned, a cross on the property of another, a highway, or other public place.
Effective: 08/15/2003 - Present
|
14:40.4 B.Cross burning - penalty
Whoever commits the crime of burning a cross with the intent of intimidating shall be fined not more than fifteen thousand dollars or imprisoned with or without hard labor for not more than fifteen years, or both.
Effective: 08/15/2003 - Present
|
14:40.5 A.Display of noose - charging and definition
It shall be unlawful for any person, with the intent to intimidate any person or group of persons, to etch, paint, draw, or otherwise place or display a hangman's noose on the property of another, a highway, or other public place.
Effective: 08/15/2008 - Present
|
14:40.5 B.Display of noose - definition of noose
As used in this Section, 'noose' means a rope tied in a slip knot, which binds closer the more it is drawn, which historically has been used in execution by hanging, and which symbolizes racism and intimidation.
Effective: 08/15/2008 - Present
|
14:40.5 C.Display of noose - penalty
Whoever commits the crime of public display of a noose with the intent to intimidate shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than one year, or both.
Effective: 08/15/2008 - Present
|
14:40.6 A.(1)Unlawful disruption of the operation of a school - intimidation by threat of force or force
Unlawful disruption of the operation of a school is the commission of any of the following acts by a person, who is not authorized to be on school premises, which would foreseeably cause intimidation or harassment of any student or teacher by threat of force or force.
Effective: 08/15/2009 - Present
|
14:40.6 A.(2)Unlawful disruption of the operation of a school - placing teachers or students in sustained fear
Unlawful disruption of the operation of a school is the commission of placing teachers or students in sustained fear for their health, safety, or welfare.
Effective: 08/15/2009 - Present
|
14:40.6 A.(3)Unlawful disruption of the operation of a school - disrupting, obstructing or interfering with operation of school
Unlawful disruption of the operation of a school is the commission of any of the following acts by a person, who is not authorized to be on school premises, which would foreseeably cause disrupting, obstructing, or interfering with the operation of the school.
Effective: 08/15/2009 - Present
|
14:40.6 B.Unlawful disruption of the operation of a school - definitions
Definitions of: authorized to be present on school premises, school, school premises, school-sponsored function, student, and teacher as used in 14:40.6
Effective: 08/15/2009 - Present
|
14:40.6 C.Unlawful disruption of the operation of a school - penalty
Whoever commits the offense of unlawful disruption of the operation of a school shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both.
Effective: 08/15/2009 - Present
|
14:40.6 D.Unlawful disruption of operation of a school - exception for labor dispute, lawful assembly
Nothing herein shall be construed to prevent lawful assembly and orderly petition for the redress of grievances, including any labor dispute between any school or institution of higher learning and its employees, or contractor or subcontractor or any employees thereof. Nothing herein shall apply to a bona fide labor organization or its legal activities such as picketing, assembly, or concerted activities in the interest of its members for the purpose of securing better wages, hours, or working conditions.
Effective: 08/15/2009 - Present
|
14:40.7 A.Cyberbullying - charging and definition
Cyberbullying is the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen.
Effective: 08/15/2010 - Present
|
14:40.7 B.Cyberbullying - definitions of terms used
Definitions of: cable operator, electronic textual, visual, written or oral communication, interactive computer service, and telecommunications service.
Effective: 08/15/2010 - Present
|
14:40.7 C.Cyberbullying - offense committed where communication was either originally sent, received or viewed
An offense committed pursuant to the provisions of this Section may be deemed to have been committed where the communication was originally sent, originally received, or originally viewed by any person.
Effective: 08/15/2010 - Present
|