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)
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".