{
 "citation": "14:73.12",
 "heading": "Trespass against state computers",
 "doc_id": "1147418",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1147418",
 "classification": "F",
 "enacted_year": "2019",
 "last_amended_year": "2019",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Any person convicted of a first offense of Paragraph (A)(1) of this Section shall be subject to a fine of not more than three thousand dollars, imprisonment, with or without hard labor, for not more than three years, or both.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) Any person convicted of a first offense of Paragraph (A)(2) or (3) of this Section shall be subject to a fine of not more than five thousand dollars, imprisonment, with or without hard labor, for not more than three years, or both.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(3)",
   "text": "(3) Any person convicted of a second or subsequent offense of Subsection A of this Section shall be subject to a fine of not more than ten thousand dollars, imprisonment, with or without hard labor, for not more than five years, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:125",
  "44:1"
 ],
 "text": "RS 14:73.12\n\n\u00a773.12. Trespass against state computers\n\nA. It is unlawful for any person to knowingly or intentionally access, or to exceed\nauthorized access of, a computer, computer server, computer program, computer service,\ncomputer software, internet-connected device, or computer system or program that is owned,\noperated, or utilized by the state of Louisiana, its contractors, or its political subdivisions,\nwithout authorization when it is done for any of the following purposes:\n\n(1) Obtaining, seeking, utilizing, destroying, viewing, or affecting information that\nhas been determined by the state of Louisiana to require protection against unauthorized\ndisclosure for reasons of protecting public health, safety, welfare, or an ongoing law\nenforcement investigation.\n\n(2) Willfully communicating, delivering, transmitting, or causing or threatening to\ncommunicate, deliver, or transmit information to any person not entitled to receive such\ninformation when the information has been determined by the state of Louisiana to require\nprotection against unauthorized disclosure for reasons of protecting public health, safety,\nwelfare, or an ongoing law enforcement investigation.\n\n(3) Initiating a denial of service attack or introducing malicious or any type of\ndestructive or harmful software or program that negatively affects or impacts such\ncomputers, computer servers, computer programs, computer services, computer software,\ninternet-connected devices or computer systems or programs.\n\nB. Information, documents, or records deemed confidential or not subject to\ndisclosure or inspection under R.S. 44:1 et seq., shall be considered information that has been\ndetermined by the state of Louisiana to require protection against unauthorized disclosure for\nreasons of protecting the public health, safety, welfare, or an ongoing law enforcement\ninvestigation under Paragraphs (A)(1) and (2) of this Section.\n\nC.(1) Any person convicted of a first offense of Paragraph (A)(1) of this Section\nshall be subject to a fine of not more than three thousand dollars, imprisonment, with or\nwithout hard labor, for not more than three years, or both.\n\n(2) Any person convicted of a first offense of Paragraph (A)(2) or (3) of this Section\nshall be subject to a fine of not more than five thousand dollars, imprisonment, with or\nwithout hard labor, for not more than three years, or both.\n\n(3) Any person convicted of a second or subsequent offense of Subsection A of this\nSection shall be subject to a fine of not more than ten thousand dollars, imprisonment, with\nor without hard labor, for not more than five years, or both.\n\n(4) Except as provided in Subsection D of this Section, in addition to the penalties\nprovided in Paragraphs (1) and (2) of this Subsection, the following property of any\nindividual who is convicted of trespass against state computers shall be subject to forfeiture\nto the state of Louisiana and no property rights shall exist therein:\n\n(a) Any movable property used or intended to be used to commit or to facilitate the\ncommission of any violation of this Section, or conspiracy to commit a violation of this\nSection.\n\n(b) Any property, movable or immovable, which constitutes or is derived from\nproceeds traceable to any violation of this Section, or a conspiracy to commit a violation of\nthis Section.\n\n(c) When property is forfeited under the provisions of this Paragraph, the district\nattorney shall authorize a public sale or a public auction conducted by a licensed auctioneer,\nwithout appraisal, of that which is not required by law to be destroyed and which is not\nharmful to the public.\n\n(d) The proceeds of the public sale or public auction shall pay the costs of the public\nsale or public auction, court costs, and fees related to the seizure and storage of the property. \nAny proceeds remaining shall be distributed by the district attorney in the following manner:\n\n(i) Thirty percent to the seizing agency or agencies in an equitable manner.\n\n(ii) Twenty percent to the prosecuting agency.\n\n(iii) Twenty percent to the criminal court fund of the parish in which the offender\nwas prosecuted.\n\n(iv) Thirty percent to the public defender in the jurisdiction in which the offender\nwas prosecuted.\n\nD.(1) Any property seized pursuant to the provisions of Paragraph (C)(4) of this\nSection shall be exempt from forfeiture and sale if it was stolen or if the possessor of the\nproperty was not the owner and the owner did not know that the personal property was being\nused in the violation of the provisions of this Section. If the exemption provided by this\nSubsection is applicable, the property shall not be released until such time as all applicable\nfees related to its seizure and storage are paid. However, an internet service provider shall\nnot be required to pay seizure or storage fees to secure the release of equipment leased to an\noffender.\n\n(2)(a) Property subject to forfeiture pursuant to the provisions of Paragraph (C)(4)\nof this Section shall be exempt from forfeiture and sale when a spouse, co-owner, or interest\nholder in the property establishes by sworn affidavit executed before a notary public the\nfollowing:\n\n(i) That he had no knowledge of the commission of the criminal conduct and could\nnot have reasonably known of the conduct.\n\n(ii) That he did not consent to the use of property in the commission of the criminal\nconduct.\n\n(iii) That he owns an interest in the property otherwise subject to forfeiture.\n\n(b) Intentionally falsifying the affidavit information required by the provisions of this\nParagraph shall subject the affiant to prosecution under the provisions of R.S. 14:125.\n\n(3) The property of an internet service provider shall be exempt from forfeiture.\n\n(4) Any property seized pursuant to the provisions of Paragraph (C)(4) of this\nSection shall be exempt from sale if it is subject to a lien, security interest, or mortgage\nrecorded prior to the date of the offense and if the applicable fees related to the property's\nseizure and storage are paid by a holder of a valid lien, security interest, or mortgage.\n\nActs 2019, No. 292, \u00a71."
}