HLS 10RS-2019 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1259
BY REPRESENTATIVE BURRELL
CRIME: Creates the crime of cyberbullying
AN ACT1
To enact R.S. 14:40.7, relative to assault and battery and related offenses; to create the crime2
of cyberbullying; to provide for definitions; to provide for penalties; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:40.7 is hereby enacted to read as follows: 6
ยง40.7. Cyberbullying7
A. Cyberbullying is the transmission of any electronic textual, visual,8
written, or oral communication with the intent to coerce, abuse, torment, intimidate,9
frighten, harass, embarrass, or cause emotional distress to a person under the age of10
seventeen.11
B. For purposes of this Section,"electronic textual, visual, written, or oral12
communication" means any communication of any kind made through the use of a13
computer online service, Internet service, or any other means of electronic14
communication, including but not limited to a local bulletin board service, Internet15
chat room, electronic mail, or online messaging service.16
C. An offense committed pursuant to the provisions of this Section may be17
deemed to have been committed where the communication was originally sent,18
originally received, or originally viewed by any person.19 HLS 10RS-2019 ENGROSSED
HB NO. 1259
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D.(1) Whoever commits the crime of cyberbullying shall be fined not more1
than five hundred dollars, imprisoned for not more than six months, or both.2
(2) Upon a second conviction, the offender shall be fined not more than two3
thousand dollars, imprisoned for not more than one year, or both.4
(3) Upon a third or subsequent conviction, the offender shall be fined not5
more than five thousand dollars, imprisoned for not less than one year and not more6
than three years, or both.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Burrell HB No. 1259
Abstract: Creates the crime of cyberbullying and provides for criminal penalties.
Proposed law provides that cyberbullying is the transmission of any electronic textual,
visual, written, or oral communication with the intent to coerce, abuse, torment, intimidate,
frighten, harass, embarrass, or cause emotional distress to a person under the age of 17.
Proposed law defines "electronic textual, visual, written, or oral communication" as any
communication of any kind made through 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.
Proposed law provides for the following criminal penalties for the crime of cyberbullying:
(1)A fine of not more than $500, imprisonment for not more than six months, or both.
(2)Upon a second conviction, a fine of not more than $2,000, imprisonment for not
more than one year, or both.
(3)Upon a third or subsequent conviction, a fine of not more than $5,000, imprisonment
for not less than one year and not more than three years, or both.
(Adds R.S. 14:40.7)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Changed the elements of the crime to apply only to victims who are under the
age of 17.