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ACT No. 989
Regular Session, 2010
HOUSE BILL NO. 1259
BY REPRESENTATIVE BURRELL
AN ACT1
To enact R.S. 14:40.7 and Children's Code Article 730(11), relative to assault and battery2
and related offenses; to create the crime of cyberbullying; to provide for definitions;3
to provide for penalties; to provide for exceptions; to provide with respect to the4
disposition of certain cases involving juveniles; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:40.7 is hereby enacted to read as follows: 7
ยง40.7. Cyberbullying8
A. Cyberbullying is the transmission of any electronic textual, visual,9
written, or oral communication with the malicious and willful intent to coerce, abuse,10
torment, or intimidate a person under the age of eighteen.11
B. For purposes of this Section:12
(1) "Cable operator" means any person or group of persons who provides13
cable service over a cable system and directly, or through one or more affiliates,14
owns a significant interest in such cable system, or who otherwise controls or is15
responsible for, through any arrangement, the management and operation of such a16
cable system.17
(2) "Electronic textual, visual, written, or oral communication" means any18
communication of any kind made through the use of a computer online service,19
Internet service, or any other means of electronic communication, including but not20 ENROLLEDHB NO. 1259
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limited to a local bulletin board service, Internet chat room, electronic mail, or online1
messaging service.2
(3) "Interactive computer service" means any information service, system,3
or access software provider that provides or enables computer access by multiple4
users to a computer server, including a service or system that provides access to the5
Internet and such systems operated or services offered by libraries or educational6
institutions.7
(4) "Telecommunications service" means the offering of telecommunications8
for a fee directly to the public, regardless of the facilities used.9
C. An offense committed pursuant to the provisions of this Section may be10
deemed to have been committed where the communication was originally sent,11
originally received, or originally viewed by any person.12
D.(1) Except as provided in Paragraph (2) of this Subsection, whoever13
commits the crime of cyberbullying shall be fined not more than five hundred14
dollars, imprisoned for not more than six months, or both. 15
(2) When the offender is under the age of seventeen, the disposition of the16
matter shall be governed exclusively by the provisions of Title VII of the Children's17
Code.18
E. The provisions of this Section shall not apply to a provider of an19
interactive computer service, provider of a telecommunications service, or a cable20
operator as defined by the provisions of this Section.21
F. The provisions of this Section shall not be construed to prohibit or restrict22
religious free speech pursuant to Article I, Section 18 of the Constitution of23
Louisiana.24 ENROLLEDHB NO. 1259
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Section 2. Children's Code Article 730(11) is hereby enacted to read as follows:1
Art. 730. Grounds2
Allegations that a family is in need of services must assert one or more of the3
following grounds:4
* * *5
(11) A child found to have engaged in cyberbullying.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: