Louisiana 2010 Regular Session

Louisiana Senate Bill SB151 Latest Draft

Bill / Chaptered Version

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010	ENROLLED
SENATE BILL NO. 151
BY SENATOR ADLEY 
AN ACT1
To amend and reenact R.S. 14:73.1(11), (12), and (13) and to enact R.S. 14:73.1(14) and2
73.9, relative to computer aided crime; to prohibit the use of an Internet, virtual,3
street-level map in the commission of a crime; to prohibit the use of an Internet,4
virtual, street-level map in the commission or attempted commission of an act of5
terrorism; to provide for enhanced penalties; to provide for definitions; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:73.1(11), (12), and (13) are hereby amended and reenacted and9
R.S. 14:73.1(14) and 73.9 are hereby enacted to read as follows: 10
§73.1. Definitions 11
As used in this Subpart unless the context clearly indicates otherwise:12
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(11) "Internet, virtual, street-level map" means any map or image that14
contains the picture or pictures of homes, buildings, or people that are taken15
and dispensed, electronically, over the Internet or by a computer network,16
where the picture can be accessed by entering the address of the home, building,17
or person.18
(11)(12)  "Proper means" includes:19
(a)  Discovery by independent invention.20
(b) Discovery by "reverse engineering", that is by starting with the known21
product and working backward to find the method by which it was developed. The22
acquisition of the known product must be by lawful means.23
(c)  Discovery under license or authority of the owner.24
(d)  Observation of the property in public use or on public display.25
(e)  Discovery in published literature.26
(12)(13)  "Property" means property as defined in R.S. 14:2(8) and shall27
ACT No. 62 SB NO. 151	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
specifically include but not be limited to financial instruments, electronically stored1
or produced data, and computer programs, whether in machine readable or human2
readable form.3
(13)(14)  "Unsolicited bulk electronic mail" means any electronic message4
which is developed and distributed in an effort to sell or lease consumer goods or5
services and is sent in the same or substantially similar form to more than one6
thousand recipients.7
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§73.9. Criminal use of Internet, virtual, street-map; enhanced penalties9
A. When an Internet, virtual, street-level map is used in the commission10
of a criminal offense against a person or against property, an additional11
sentence for a period of not less than one year shall be imposed. The additional12
penalty imposed pursuant to this Subsection shall be served consecutively with13
the sentence imposed for the underlying offense. 14
B.  When an Internet, virtual, street-level map is used in the commission15
or attempted commission of an act of terrorism, as is defined in R.S.16
14:100.12(1), an additional sentence for a period of not less than ten years shall17
be imposed without the benefit of parole, probation, or suspension of the18
sentence. The additional penalty imposed pursuant to this Subsection shall be19
served consecutively with the sentence imposed for the underlying offense.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: