For our final week, the theme is sex offenses and the Internet:

A. Video voyeurism is any of the following:

(1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:

(a) It is for a lewd or lascivious purpose.

(b) The observing, viewing, photographing, filming, or videotaping is as described in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a reasonable expectation of privacy.

(2) The transfer of an image obtained by activity described in Paragraph (1) of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

(3) The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.

La. R.S. 14:283. A first conviction for this offense carries a fine of not more than $2,000 and/or imprisonment, with or without hard labor, for not more than 2 years. For a second or subsequent violation, the fine will be not more than $2,000 and/or imprisonment at hard labor for not less than 6 months nor more than 3 years without benefit of probation, parole, or suspension of sentence. If the filming is of sexual intercourse, masturbation, or the female breasts, or external sexual organs of either gender, the penalty increases to a fine of not more than $10,000 and/or imprisonment at hard labor for not less than 1 year or more than 5 years without benefit of probation, parole, or suspension of sentence. If the person being filmed is under the age of 17 with the intention of gratifying the sexual desires of the person doing the filming, the penalty is a fine of not more than $10,000 and/or imprisonment for not less than 2 years or more than 10 years, without benefit of probation, parole, or suspension of sentence. La. R.S. 14:283(B).

It is illegal in Louisiana to forward intimate photographs taken of or by another person without that person’s consent:

A. A person commits the offense of nonconsensual disclosure of a private image when all of the following occur:

(1) The person intentionally discloses an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.

(2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.

(3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image.

(4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.

La. R.S. 14:283.2(A). The penalty for violating this statute is a fine of not more than $10,000 and/or imprisonment, with or without hard labor, for not more than 2 years.

A. (1) No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.

(2) No person under the age of seventeen years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.

La. R.S. 14:81.1.1. Violations of Paragraph (1) are governed by the Children’s Code. First offense violations of Paragraph (2) carry a fine of not less than $100 nor more than $250 and imprisonment for not more than 10 days, which shall not be suspended unless the offender is placed on probation with a condition that he perform 16 hours of court-approved community service. A second offense violation carries a fine of not less than $250 nor more than $500 and imprisonment for not less than 10 days nor more than 30 days with the same additional requirements for probation. Finally, a third or subsequent conviction carries a fine of not less than $500 nor more than $750 and imprisonment for not less than 30 days nor more than 6 months with the same probation requirements. La. R.S. 14:81.1.1(D).

Louisiana law prohibits the production, promotion, advertisement, distribution, possession, or possession with intent to distribute pornography involving juveniles; and for a parent, legal guardian, or custodian of a child to consent to the participation of that child in pornography involving juveniles.

E. (1)(a) Whoever intentionally possesses pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.

(b) On a second or subsequent conviction for the intentional possession of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.

(2)(a) Whoever distributes or possesses with the intent to distribute pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.

(b) On a second or subsequent conviction for distributing or possessing with the intent to distribute pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.

(3) Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.

(4)(a) Whoever engages in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.

(b) On a second or subsequent conviction for promotion, advertisement, or production of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than twenty years nor more than forty years, without benefit of parole, probation, or suspension of sentence.

(5)(a) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (1), (2), or (3) of this Subsection when the victim is under the age of thirteen years and the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than one-half the longest term nor more than twice the longest term of imprisonment provided in Paragraph (1), (2), and (3) of this Subsection. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

(b) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (4) of this Subsection when the victim is under the age of thirteen years, and the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

La. R.S. 14:81.1(E).

Unauthorized use of a wireless router system is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof via any wireless router system for the purposes of uploading, downloading, or selling of pornography involving juveniles as defined in R.S. 14:81.1.

La. R.S. 14:73.8(A). The penalty for violations of this statute are imprisonment at hard labor for not less than 2 years nor more than 10 years without benefit of probation, parole, or suspension of sentence, and a fine of not more than $10,000. If the juveniles depicted in the images are under the age of 13, the penalty increases to a term of imprisonment for not less than 25 years nor more than 99 years at hard labor. At least 25 years of that sentence must be without the benefit of probation, parole, or suspension of sentence.

Computer-aided solicitation of a minor is:

[C]ommitted when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen where there is an age difference of greater than two years, or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of seventeen, or person reasonably believed to have not yet attained the age of seventeen.

(2) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen where there is an age difference of greater than two years, or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger, for the purpose of or with the intent to arrange for any third party to engage in any of the conduct proscribed by the provisions of Paragraph (1) of this Subsection.

(3) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen, or a person reasonably believed to have not yet attained the age of seventeen, for the purpose of recruiting, enticing, or coercing the person to engage in commercial sexual activity.

(4) It shall also be a violation of the provisions of this Section when the contact or communication is initially made through the use of electronic textual communication and subsequent communication is made through the use of any other form of communication.

(5) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly uses another individual who is seventeen years of age or older to contact or communicate with a person who has not yet attained the age of seventeen and there is an age difference of greater than two years between the person contacted and the offender or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger than the offender, for the purpose of or with the intent to engage in any of the conduct proscribed by Paragraph (1) of this Subsection.

B. (1)(a) Whoever violates the provisions of this Section when the victim is thirteen years of age or more but has not attained the age of seventeen shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than five years nor more than ten years, without benefit of parole, probation, or suspension of sentence.

(b) Whoever violates the provisions of this Section when the victim is under thirteen years of age shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence.

(c) Whoever violates the provisions of this Section, when the victim is a person reasonably believed to have not yet attained the age of seventeen, shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than two years nor more than ten years, without benefit of parole, probation, or suspension of sentence.

(d) If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is five years or greater, the offender shall be fined not more than ten thousand dollars and shall be imprisoned, with or without hard labor, for not less than seven years nor more than ten years.

(2) On a subsequent conviction, the offender shall be imprisoned for not less than ten years nor more than twenty years at hard labor without benefit of parole, probation, or suspension of sentence.

(3) In addition to the penalties imposed in either Paragraph (1) or (2) of this Subsection, the court may impose, as an additional penalty on the violator, the limitation or restriction of access to the Internet when the Internet was used in the commission of the crime.

La. R.S. 14:81.3.

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.

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.

The Internet is ubiquitous. We use it to talk to our friends, video call our relatives, order our groceries and takeout, and post pictures of every single thing we’ve ever eaten. It is a wonderful tool. But with it comes a whole world of new ways to commit criminal acts. We’ll be spending the next few blog posts discussing the various computer and internet-related crimes that exist in Louisiana and the penalties for committing those crimes as an overview of some laws you may not have know were out there.

Title 14 of the Louisiana Revised Statutes (the criminal law section) has an entire subsection just for Computer Related Crime, so that seems like a good place to start (Note: This isn’t an exhaustive list of every. single. computer-related crime in Title 14, just the ones I particularly thought were interesting or might be relevant to our clients and friends.:

First of all, did you know that Louisiana has a statute prohibiting “offenses against intellectual property”? Specifically, Louisiana Revised Statutes §14:73.2 prohibits the “intentional (1) Destruction, insertion, or modification, without consent, of intellectual property; or (2) Disclosure, use, copying, taking, or accessing, without consent, of intellectual property.” Louisiana also prohibits the “intentional modification or destruction, without consent, of computer equipment or supplies used or intended to be used in a computer, computer system, or computer network.” La. R.S. 14:73.3 “Offenses against computer equipment or supplies.” It is a crime to intentionally deny “to an authorized user, without consent, of the full and effective use or access to a computer, a computer system, a computer network, or computer services.” La. R.S. 14:73.4 “Offenses against computer users.”

The penalty for violating any of these statutes is a fine of up to $500 and imprisonment for not more than 6 months, or both; unless the damage or loss is more than $500, in which case, the penalty goes up to a fine of up to $10,000 and/or imprisonment for not more than 5 years.

Computer fraud is defined as “the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof with the intent to: (1) Defraud; or (2) Obtain money, property, or services by means of false or fraudulent conduct, practices, or representations, or through the fraudulent alteration, deletion, or insertion of programs or data.” The penalty for violating this provision is a fine of not more than $10,000 and/or imprisonment at hard labor for not more than 5 years. La. R.S. 14:73.5.

Computer tampering is “the intentional commission of any of the actions enumerated in this Subsection when that action is taken knowingly and without the authorization of the owner of a computer:

(1) Accessing or causing to be accessed a computer or ay part of a computer or any program or data contained within a computer.

(2) Copying or otherwise obtaining any program or data contained within a computer.

(3) Damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.

(3) Introducing or attempting to introduce any electronic information of any kind and in any form into one or more computers, either directly or indirectly, and either simultaneously or sequentially, with the intention of damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.

La. R.S. 14:73.7(A). The penalty for violating Paragraphs (1) or (2) is a fine of not more than $500 and/or imprisonment for not more than 6 months. The penalty for violating Paragraphs (3) or (4) is a fine of not more than $10,000 and/or imprisonment, with or without hard labor, for not more than 5 years. If the individual violates Paragraphs (3) or (4) with the intention of disrupting vital services or operations of the state or local government or utility company, or with the intention of causing death or great bodily harm to one or more people, the penalty is a fine of not more than $10,000 and/or imprisonment at hard labor for not more than 15 years.

My favorite statute in this part of Title 14 is §73.9 which prohibits the “Criminal use of Internet, virtual, street-map”: “When an Internet, virtual, street-level map is used in the commission of a criminal offense against a person or against property, an additional sentence for a period of not less than one year shall be imposed. The additional penalty…shall be served consecutively with the sentence imposed for the underlying offense.” (emphasis added) (Note: If you need to commit a crime and you aren't sure how to get there, make sure you go to AAA and get a paper map to avoid being charged with this sentencing enhancement!) (When an online map is used in the commission or attempted commission of terrorism (R.S. 14;100.12(1), the additional sentence is 10 years.

Finally, the Louisiana Legislature prohibits “Only Impersonation.”

(1) It shall be unlawful for any person, with the intent to harm, intimidate, threaten, or defraud, to intentionally impersonate another actual person, without the consent of that person, in order to engage in any of the following:

(a) Open an electronic mail account, any other type of account, or a profile on a social networking website or other Internet website.

(b) Post or send one or more messages on or through a social networking website or other Internet website.

(2) It shall be unlawful for any person, with the intent to harm, intimidate, threaten, or defraud, to send an electronic mail, instant message, text message, or other form of electronic communication that references a name, domain address, phone number, or other item of identifying information belonging to another actual person without the consent of that person and with the intent to cause the recipient of that communication to believe that the other person authorized or transmitted the communication."

La. R.S. 14:73.10. The penalty for violating this provision is a fine of not less than $250 nor more than $1,000 and/or imprisonment for not less than 10 days nor more than 6 months.

Next time: Cyberbullying, Terrorizing, etc…

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

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has added language to Louisiana Revised Statutes 14:81.3, 81.4, and 283, adding additional offenses.

La. R.S. 14:81.3 now makes it a crime for an individual to use a third (adult) person to contact a juvenile (or person he reasonably believes to be a juvenile) “for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person...”

La. R.S. 14:81.4 prohibits sexual conduct between educators and students when the student is over the age of 17 (but under the age of 21) and where there is more than a 4-year age difference between the educator and the student. The law previously only provided lewd or lascivious acts in the presence of the student. That language has now been expanded to include “virtual or physical” presence.

Finally, La. R.S. 14:283 now prohibits:

The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.

If you or someone you know has been impacted by the changes in these laws, give us a call at (3180 459-9111 to schedule a consult.