HLS 19RS-518 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 74
BY REPRESENTATIVE TERRY LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Provides relative to computer-related crimes committed against the state
1 AN ACT
2To amend and reenact R.S. 14:73.1(12), (13), and (14), and to enact R.S. 14:73.1(15) and
3 73.11, relative to computer-related crimes; to create the crime of trespass against
4 state computers; to provide for elements of the crime; to provide for criminal
5 penalties; to provide for definitions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:73.1(12), (13), and (14) are hereby amended and reenacted and
8R.S. 14:73.1(15) and 73.11 are hereby enacted to read as follows:
9 §73.1. Definitions
10 As used in this Subpart unless the context clearly indicates otherwise:
11 * * *
12 (12) "Internet-connected device" means a physical object to which both of
13 the following apply:
14 (a) Is capable of connecting to, and is in regular connection with, the
15 internet.
16 (b) Has computer processing capabilities that can collect, send, or receive
17 data.
18 (12)(13) "Proper means" includes:
19 (a) Discovery by independent invention.
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1 (b) Discovery by "reverse engineering", that is by starting with the known
2 product and working backward to find the method by which it was developed. The
3 acquisition of the known product must be by lawful means.
4 (c) Discovery under license or authority of the owner.
5 (d) Observation of the property in public use or on public display.
6 (e) Discovery in published literature.
7 (13)(14) "Property" means property as defined in R.S. 14:2(8) and shall
8 specifically include but not be limited to financial instruments, electronically stored
9 or produced data, and computer programs, whether in machine readable or human
10 readable form.
11 (14)(15) "Unsolicited bulk electronic mail" means any electronic message
12 which is developed and distributed in an effort to sell or lease consumer goods or
13 services and is sent in the same or substantially similar form to more than one
14 thousand recipients.
15 * * *
16 §73.11. Trespass against state computers
17 A. It is unlawful for any person to knowingly or intentionally access, or to
18 exceed authorized access of, a computer, computer server, computer program,
19 computer service, computer software, internet-connected device, or computer system
20 or program that is owned, operated, or utilized by the state of Louisiana, its
21 contractors, or its political subdivisions, without authorization when it is done for
22 any of the following purposes:
23 (1) Obtaining, seeking, utilizing, destroying, viewing, or affecting
24 information that has been determined by the state of Louisiana to require protection
25 against unauthorized disclosure for reasons of protecting public health, safety,
26 welfare, or an ongoing law enforcement investigation.
27 (2) Willfully communicating, delivering, transmitting, or causing or
28 threatening to communicate, deliver, or transmit information to any person not
29 entitled to receive such information when the information has been determined by
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1 the state of Louisiana to require protection against unauthorized disclosure for
2 reasons of protecting public health, safety, welfare, or an ongoing law enforcement
3 investigation.
4 (3) Initiating a denial of service attack or introducing malicious or any type
5 of destructive or harmful software or program that negatively affects or impacts such
6 computers, computer servers, computer programs, computer services, computer
7 software, internet-connected devices or computer systems or programs.
8 B. Information, documents, or records deemed confidential or not subject to
9 disclosure or inspection under R.S. 44.1 et seq., shall be considered information that
10 has been determined by the state of Louisiana to require protection against
11 unauthorized disclosure for reasons of protecting the public health, safety, welfare,
12 or an ongoing law enforcement investigation under Paragraphs (A)(1) and (2) of this
13 Section.
14 C.(1) Any person convicted of a first offense of Paragraph (A)(1) of this
15 Section shall be subject to a fine of not more than three thousand dollars,
16 imprisonment, with or without hard labor, for not more than three years, or both.
17 (2) Any person convicted of a first offense of Paragraph (A)(2) or (3) of this
18 Section shall be subject to a fine of not more than five thousand dollars,
19 imprisonment, with or without hard labor, for not more than three years, or both.
20 (3) 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 five years, or both.
23 (4) In addition to the penalties provided in Paragraphs (C)(1) and (2) of this
24 Section, the following property of any individual who is convicted of trespass against
25 state computers shall be subject to forfeiture to the state of Louisiana and no property
26 rights shall exist therein:
27 (a) Any movable property used or intended to be used to commit or to
28 facilitate the commission of any violation of this Section, or conspiracy to commit
29 a violation of this Section.
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1 (b) Any property, movable or immovable, which constitutes or is derived
2 from proceeds traceable to any violation of this Section, or a conspiracy to commit
3 a violation of this Section.
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 74 Reengrossed 2019 Regular Session Terry Landry
Abstract: Creates the crime of trespass against state computers, provides penalties for
persons convicted of trespass against state computers, and provides a definition for
"internet-connected device".
Proposed law creates the crime of trespass against state computers and defines it as
knowingly accessing a computer owned, operated, or utilized by the state of La., its
contractors, or its political subdivisions without authorization, or exceeding authorized
access, when it is done for any of the following purposes:
(1)To obtain information that has been determined to require protection against
unauthorized disclosure.
(2)To transmit or threaten to transmit information that has been determined to require
protection against unauthorized disclosure.
(3)To initiate a denial of service attack or to introduce malicious or destructive software
that negatively affects the computers.
Proposed law provides the following penalties for the crime of trespass against state
computers:
(1)For a first offense, when the offense involves the activity defined in Paragraph (1)
above: a fine of not more than $3,000, imprisonment, with or without hard labor, for
not more than 3 years, or both.
(2)For a first offense, when the offense involves the activities defined in Paragraphs (2)
and (3) above: a fine of not more than $5,000, imprisonment, with or without hard
labor, for not more than 3 years, or both.
(3)For any second or subsequent offense: a fine of not more than $10,000,
imprisonment, with or without hard labor, for not more than 5 years, or both.
In addition to the penalties listed, proposed law provides that the person convicted of a crime
of trespass against state computers shall also be subject to forfeiture of any movable property
used or intended to be used to commit the crime and any property which constitutes or is
derived from proceeds traceable to any violation of trespass to state computers.
Present law provides definitions for computer-related crimes.
Proposed law expands the present law list of definitions pertaining to computer-related
crimes by including a definition of "internet-connected device".
(Amends R.S. 14:73.1(12), (13), and (14); Adds R.S. 14:73.1(15) and 73.11)
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Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical amendments.
2. Reduce the fine and term of imprisonment in the proposed law penalties.
3. In referring to property that is subject to forfeiture in the proposed law penalties,
change references of "personal property" to "movable property".
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