RÉSUMÉ DIGEST
ACT 292 (HB 74) 2019 Regular Session Terry Landry
New 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.
New 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, new 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.
New law provides that the district attorney shall authorize a public sale or public auction of
the seized property to be conducted by a licensed auctioneer, without appraisal. New law
further provides that the proceeds of the public sale or public auction shall pay the cost of the
sale or auction, court costs, and fees related to the seizure and storage of the property. New
law also provides that any remaining proceeds shall be distributed as follows:
(1)30% to the seizing agency or agencies in an equitable manner.
(2)20% to the prosecuting agency.
(3)20% to the criminal court fund of the parish in which the offender was prosecuted.
(4)30% to the public defender in the jurisdiction in which the offender was prosecuted.
New law provides an exemption from forfeiture and sale for property that was stolen or if
the possessor of the property was not the owner and the owner did not know that the personal
property was being used in the violation of the crime of trespass against state computers.
New law further provides that property subject to forfeiture pursuant to these provisions shall
be exempt from forfeiture and sale when a spouse, co-owner, or interest holder in the
property establishes the following by sworn affidavit executed before a notary public:
(1)That he had no knowledge of the commission of the criminal conduct and could not
have reasonably known of the conduct.
(2)That he did not consent to the use of the property in the commission of the criminal
conduct. (3)That he owns an interest in the property otherwise subject to forfeiture.
New law provides that the property of the internet service provider shall be exempt from
forfeiture.
New law also provides that any seized property shall be exempt from sale if the property is
subject to a lien, security interest, or mortgage recorded prior to the date of the offense, and
if the applicable fees related to the property's seizure and storage are paid by a holder of a
valid lien, security interest, or mortgage.
Existing law provides definitions for computer-related crimes.
New law expands the existing law list of definitions pertaining to computer-related crimes
by including a definition of "internet-connected device".
Effective August 1, 2019.
(Amends R.S. 14:73.1(12), (13), and (14); Adds R.S. 14:73.1(15) and 73.11)