Computers, the Internet, and Crime (Part 2 of 3)

This week, the theme is the types of communications you should avoid making (at all), but specifically from your phone or (in particular) your social media:

First of all:

A. No person shall:

(1) Engage in or institute a telephone call, telephone conversation, or telephone conference, with another person, or use any telecommunications device to send any text message or other message to another person directly, anonymously or otherwise, and therein use obscene, profane, vulgar, lewd, or lascivious language, or make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass any person.

(2) Make repeated telephone communications or send repeated text messages or other messages using any telecommunications device directly to a person anonymously or otherwise in a manner reasonably expected to abuse, torment, harass, embarrass, or offend another, whether or not conversation ensues.

(3) Make a telephone call and intentionally fail to hang up or disengage the connection.

(4) Engage in a telephone call, conference, or recorded communication by using obscene language or by making a graphic description of a sexual act, or use any telecommunications device to send any text message or other message containing obscene language or any obscene content, anonymously or otherwise, directly to another person, when the offender knows or reasonably should know that such obscene or graphic language is directed to, or will be heard by, a minor. Lack of knowledge of age shall not constitute a defense.

(5) Knowingly permit any telephone or any other telecommunications device under his control to be used for any purpose prohibited by this Section.

La. R.S. 14:285(A). The first violation of this statute is a misdemeanor carrying a penalty of a fine up to $500 and/or imprisonment up to 6 months. The second or subsequent violation carries a potential penalty of a fine of up to $5,000 and/or imprisonment, with or without hard labor, for not more than 2 years.

On a similar vein, Louisiana prohibits Cyberbullying: “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 18.” The penalty for this offense is a fine of not more than $500 and/or imprisonment for not more than 6 months.

Cyberstalking, or “action of any person to accomplish any of the following:

(1) 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.

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

(3) 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.

(4) 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.

La. R.S. 14:40.3(B). A first conviction for cyberstalking will earn you a fine of not more than $2,000 and/or imprisonment for not more than 1 year. A second conviction within 7 years will earn you imprisonment for not less than 180 days and not more than 3 years and a fine of not more than $5,000. A third or subsequent conviction will result in a fine of not more than $5,000 and imprisonment for not less than 2 years nor more than 5 years. La. R.S. 14:40.3(C).

In Louisiana, it is a crime to post video of yourself committing a crime “for the purpose of gaining notoriety, publicity, or the attention of the public.” La. R.S. 107.4(A). The statute explicitly prohibits:

It shall be unlawful for a person who is either a principal or accessory to a crime to obtain an image of the commission of the crime using any camera, videotape, photo-optical, photo-electric, or any other image recording device and to transfer that image obtained during the commission of the crime by the use of a computer online service, Internet service, or any other means of electronic communication, including but not limited to a local bulletin board service, Internet chat room, electronic mail, or online messaging service for the purpose of gaining notoriety, publicity, or the attention of the public.

La. R.S. 14:107.4(A). The penalty for violating this statute is a fine of not more than $500 and/or imprisonment for note more than 6 months; however, if the underlying criminal activity results in the serious bodily injury or death of the victim of the underlying crime, the fine shall be not more than $2,000 and the term of imprisonment, with or without hard labor, not more than 8 years. La. R.S. 14:107.4(B).

Finally, terrorizing, menacing, and communicating of threats of violence:

A. (1) Terrorizing is the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.

(2) Whoever commits the offense of terrorizing shall be fined not more than fifteen thousand dollars or imprisoned with or without hard labor for not more than fifteen years, or both.

B. (1) Menacing is the intentional communication of information that the commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, when committed under any of the following circumstances:

(a) The actions of the offender cause members of the general public to be in sustained fear for their safety, and a reasonable person would have known that such actions could cause such sustained fear.

(b) The actions of the offender cause the evacuation of a building, a public structure, or a facility of transportation, and a reasonable person would have known that such actions could cause an evacuation.

(c) The actions of the offender cause any other serious disruption to the general public, and a reasonable person would have known that such actions could cause serious disruption to the general public.

(2) Whoever commits the offense of menacing shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than two years, or both.

La. R.S. 14:40.1.

A. Communicating of false information of arson or attempted arson is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any threat or false information knowing the same to be false, including bomb threats or threats involving fake explosive devices, concerning an attempt or alleged attempt being made, or to be made, to commit either aggravated or simple arson.

B. Whoever commits the crime of communicating of false information of arson or attempted arson shall be imprisoned at hard labor for not more than fifteen years.

La. R.S. 15:54.1.

A. The communicating of false information of a bombing threat on school property, at a school-sponsored function, or in a firearm-free zone whether or not such threat involves fake explosive devices is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any such threat or false information knowing the same to be false.

B. Whoever commits the crime of communicating of false information of a planned bombing on school property, at a school-sponsored function, or in a firearm-free zone as defined in R.S. 14:95.6(A) shall be imprisoned with or without hard labor for not more than twenty years.

La. R.S. 15:54.6.

Next time: Sex Crimes and the Internet!

If you or someone you know has been accused of a crime and you would like to set up a consult, give us a call at (318) 459-9111.