{
 "citation": "14:90.3",
 "heading": "Gambling by computer",
 "doc_id": "78701",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78701",
 "classification": "F",
 "enacted_year": "1997",
 "last_amended_year": "2021",
 "penalties": [
  {
   "subsection": "D",
   "text": "Whoever commits the crime of gambling by computer shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E",
   "text": "Whoever designs, develops, manages, supervises, maintains, provides, or produces any computer services, computer system, computer network, computer software, or any server providing a Home Page, Web Site, or any other product accessing the Internet, World Wide Web, or any part thereof offering to any client for the primary purpose of the conducting as a business of any game, contest, lottery, or c",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "27:302",
  "27:305"
 ],
 "text": "RS 14:90.3\n\n\u00a790.3. Gambling by computer\n\nA. The Legislature of Louisiana, desiring to protect individual rights, while at the\nsame time affording opportunity for the fullest development of the individual and promoting\nthe health, safety, education, and welfare of the people, including the children of this state\nwho are our most precious and valuable resource, finds that the state has a compelling\ninterest in protecting its citizens and children from certain activities and influences which can\nresult in irreparable harm. The legislature has expressed its intent to develop a controlled\nwell-regulated gaming industry. The legislature is also charged with the responsibility of\nprotecting and assisting its citizens who suffer from compulsive or problem gaming behavior\nwhich can result from the increased availability of legalized gaming activities. The\nlegislature recognizes the development of the Internet and the information super highway\nallowing communication and exchange of information from all parts of the world and freely\nencourages this exchange of information and ideas. The legislature recognizes and\nencourages the beneficial effects computers, computer programming, and use of the Internet\nresources have had on the children of the state of Louisiana by expanding their educational\nhorizons. The legislature further recognizes that it has an obligation and responsibility to\nprotect its citizens, and in particular its youngest citizens, from the pervasive nature of\ngambling which can occur via the Internet and the use of computers connected to the\nInternet. Gambling has long been recognized as a crime in the state of Louisiana and despite\nthe enactment of many legalized gaming activities remains a crime. Gambling which occurs\nvia the Internet embodies the very activity that the legislature seeks to prevent. The\nlegislature further recognizes that the state's constitution and that of the United States are\ndeclarations of rights which the drafters intended to withstand time and address the wrongs\nand injustices which arise in future years. The legislature hereby finds and declares that it\nhas balanced its interest in protecting the citizens of this state with the protection afforded\nby the First Amendment, and the mandates of Article XII, Section 6 of the Constitution of\nLouisiana and that this Section is a product thereof.\n\nB. Gambling by computer is the intentional conducting, or directly assisting in the\nconducting as a business of any game, contest, lottery, or contrivance whereby a person risks\nthe loss of anything of value in order to realize a profit when accessing the Internet, World\nWide Web, or any part thereof by way of any computer, computer system, computer network,\ncomputer software, or any server.\n\nC. For purposes of this Section the following definitions apply:\n\n(1) \"Client\" means anyone using a computer to access a computer server.\n\n(2) \"Computer\" includes an electronic, magnetic, optical, or other high-speed data\nprocessing device or system performing logical, arithmetic, and storage functions, and\nincludes any property, data storage facility, or communications facility directly related to or\noperating in conjunction with such device or system. \"Computer\" shall not include an\nautomated typewriter or typesetter, a machine designed solely for word processing, or a\nportable hand-held calculator, nor shall \"computer\" include any other device which might\ncontain components similar to those in computers but in which the components have the sole\nfunction of controlling the device for the single purpose for which the device is intended.\n\n(3) \"Computer network\" means a set of related, remotely connected devices and\ncommunication facilities including at least one computer system with capability to transmit\ndata through communication facilities.\n\n(4) \"Computer services\" means providing access to or service or data from a\ncomputer, a computer system, or a computer network.\n\n(5) \"Computer software\" means a set of computer programs, procedures, and\nassociated documentation concerned with operation of a computer system.\n\n(6) \"Computer system\" means a set of functionally related, connected or\nunconnected, computer equipment, devices, or computer software.\n\n(7) \"Home Page\" means the index or location for each computer site on the World\nWide Web.\n\n(8) \"Internet\" means the global information system that is logically linked together\nby a globally unique address space based on the Internet Protocol or its subsequent\nextensions, is able to support communications using the Transmission Control\nProtocol/Internet Protocol suite or its subsequent extensions, and other Internet Protocol\ncompatible protocols, and provides, uses or makes accessible, either publicly or privately,\nhigh level services layered on the communications and related infrastructure described\nherein.\n\n(9) \"Server\" means a computer that listens for and services a client.\n\n(10) \"World Wide Web\" means a server providing connections to mega lists of\ninformation on the Internet; it is made up of millions of individual web sites linked together.\n\nD. Whoever commits the crime of gambling by computer shall be fined not more\nthan five hundred dollars, or imprisoned for not more than six months, or both.\n\nE. Whoever designs, develops, manages, supervises, maintains, provides, or\nproduces any computer services, computer system, computer network, computer software,\nor any server providing a Home Page, Web Site, or any other product accessing the Internet,\nWorld Wide Web, or any part thereof offering to any client for the primary purpose of the\nconducting as a business of any game, contest, lottery, or contrivance whereby a person risks\nthe loss of anything of value in order to realize a profit shall be fined not more than twenty\nthousand dollars, or imprisoned with or without hard labor, for not more than five years, or\nboth.\n\nF. The conducting or assisting in the conducting of gaming activities or operations\nupon a riverboat, at the official gaming establishment, by operating an electronic video draw\npoker device, by a charitable gaming licensee, or at a pari-mutuel wagering facility,\nconducting slot machine gaming at an eligible horse racing facility, or the operation of a state\nlottery which is licensed for operation and regulated under the provisions of Chapters 4 and\n11 of Title 4, Chapters 4, 5, 6, and 7 of Title 27, or Subtitle XI of Title 47 of the Louisiana\nRevised Statutes of 1950, shall not be considered gambling by computer for the purposes of\nthis Section, so long as the wagering is done on the premises of the licensed establishment.\n\nG. The conducting or assisting in the conducting of pari-mutuel wagering at licensed\nracing facilities under the provisions of Chapter 4 of Title 4 of the Louisiana Revised Statutes\nof 1950, shall not be considered gambling by computer for the purposes of this Section so\nlong as the wagering is done on the premises of the licensed establishment.\n\nH. Nothing in this Section shall prohibit, limit, or otherwise restrict the purchase,\nsale, exchange, or other transaction related to stocks, bonds, futures, options, commodities,\nor other similar instruments or transactions occurring on a stock or commodities exchange,\nbrokerage house, or similar entity.\n\nI. The providing of Internet or other on-line access, transmission, routing, storage,\nor other communication related services, or Web Site design, development, storage,\nmaintenance, billing, advertising, hypertext linking, transaction processing, or other site\nrelated services, by telephone companies, Internet Service Providers, software developers,\nlicensors, or other such parties providing such services to customers in the normal course of\ntheir business, shall not be considered gambling by computer even though the activities of\nsuch customers using such services to conduct a prohibited game, contest, lottery, or\ncontrivance may constitute gambling by computer for the purposes of this Section. The\nprovisions of this Subsection shall not exempt from criminal prosecution any telephone\ncompany, Internet Service Provider, software developer, licensor, or other such party if its\nprimary purpose in providing such service is to conduct gambling as a business.\n\nJ. Except as provided in R.S. 27:305, participation in any fantasy sports contest as\ndefined by R.S. 27:302 shall not be considered gambling by computer for the purposes of this\nSection.\n\nK. Sports wagering shall not be considered gambling by computer for purposes of\nthis Section so long as the wagering is conducted in compliance with Chapter 10 of Title 27\nof the Louisiana Revised Statutes of 1950 or Chapter 10 of Subtitle XI of Title 47 of the\nLouisiana Revised Statutes of 1950.\n\nActs 1997, No. 1467, \u00a71; Acts 2010, No. 518, \u00a71; Acts 2018, No. 322, \u00a73, see Act;\nActs 2021, No. 80, \u00a72, eff. July 1, 2021; Acts 2021, No. 440, \u00a73, eff. July 1, 2021."
}