HLS 19RS-251 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 7
BY REPRESENTATIVE DWIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Creates the crime of communication interference
1 AN ACT
2To enact R.S. 14:73.11, relative to communications; to create the crime of communication
3 interference; to provide elements of the crime; to provide for criminal penalties; to
4 provide for exceptions; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:73.11 is hereby enacted to read as follows:
7 ยง73.11. Communication interference
8 A. It shall be unlawful for any person to willfully or maliciously injure,
9 destroy, obstruct, hinder, delay the transmission of, or interfere with any of the
10 following communications:
11 (1) A communication that is operated or controlled by the state, its
12 contractors, or its political subdivisions.
13 (2) A communication that is used or intended to be used for military or civil
14 defense functions of the state.
15 (3) A communication that is controlled by any domestic or foreign
16 corporation, limited liability company, or other legal entity created for the purpose
17 of or engaged in generating, transmitting, providing, and distributing utilities or
18 utility services to the public.
19 B. For purposes of this Section:
20 (1) "Communication" includes any radio, telegraph, telephone, electronic,
21 satellite, or cable communication.
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1 (2) "Utilities" or "utility services" includes services such as electricity, water,
2 natural gas, steam, cable, or electronic communication systems.
3 C. The provisions of this Section shall not apply to any of the following:
4 (1) Any lawful strike activity, or other lawful concerted activities for the
5 purposes of collective bargaining or other mutual aid and protection which do not
6 injure or destroy any line or system used or intended to be used for and by the state,
7 for military or civil defense functions of the state, or for any private entity as
8 described in Subsection A of this Section.
9 (2) An entity the security issues of which are subject to approval, control,
10 regulation, or supervision by the federal government or any agency thereof under any
11 other federal statute; an entity whose business is subject to regulation by the Federal
12 Communications Commission; or any entity conducting or carrying on its business
13 or operations in two or more states.
14 (3) Member-owned electronic cooperatives, municipally owned electric
15 service providers, privately owned utilities, or investor-owned utilities regulated by
16 the Louisiana Public Service Commission or the city council of New Orleans.
17 D.(1) Any person convicted of a first offense of Subsection A of this Section
18 shall be subject to a fine of not more than ten thousand dollars, imprisonment with
19 or without hard labor for not more than ten years, or both.
20 (2) Any person convicted of a second or subsequent offense of Subsection
21 A of this Section shall be subject to a fine of not more than ten thousand dollars,
22 imprisonment with or without hard labor for not more than fifteen years, or both.
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)]
HB 7 Reengrossed 2019 Regular Session Dwight
Abstract: Prohibits interference with communications of the state, military or civil defense,
or any legal entity created for the purpose of providing utility services to the public.
Proposed law creates the crime of communication interference and defines it as the willful
or malicious interference with any communication operated or controlled by the state; used
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HB NO. 7
or intended to be used by the military or civil defense functions; or controlled by any legal
entity created for the purpose of or engaged in generating, transmitting, providing, and
distributing utilities or utility services to the public.
Proposed law provides penalties of a fine of not more than $10,000, imprisonment with or
without hard labor for not more than ten years, or both, for a first offense. For a second or
subsequent offense, provides penalties of a fine of not more than $10,000, imprisonment
with or without hard labor for not more than fifteen years, or both.
Proposed law provides exceptions to the proposed law crime for the following:
(1)Certain activities performed for purposes of collective bargaining or mutual aid
protection, for military or civil defense functions, or for certain private entities
provided in proposed law.
(2)An entity the security issues of which are subject to approval, control, regulation, or
supervision by the federal government or any agency thereof under any other federal
statute; an entity whose business is subject to regulation by the Federal
Communications Commission; or any entity conducting or carrying on its business
or operations in two or more states.
(3)Member-owned electronic cooperatives, municipally owned electric service
providers, privately owned utilities, or investor-owned utilities regulated by the La.
Public Service Commission or the city council of New Orleans.
(Adds R.S. 14:73.11)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add an exception to the crime for certain entities regulated by the federal
government or federal agencies and for certain entities regulated by the La.
Public Service Commission or the city council of New Orleans.
The House Floor Amendments to the engrossed bill:
1. Require the term of imprisonment to be served with or without hard labor.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.