LOUISIANA TITLE: Computer Related Crime DEFINITIONS: ¤ 73.1. Definitions As used in this Subpart unless the context clearly indicates otherwise: (1) "Access" means to program, to execute programs on, to communicate with, store data in, retrieve data from, or otherwise make use of any resources, including data or programs, of a computer, computer system, or computer network. (2) "Computer" includes an electronic, magnetic, optical, or other high-speed data processing device or system performing logical, arithmetic, and storage functions, and includes any property, data storage facility, or communications facility directly related to or operating in conjunction with such device or system. "Computer" shall not include an automated typewriter or typesetter, a machine designed solely for word processing, or a portable hand-held calculator, nor shall "computer" include any other device which might contain components similar to those in computers but in which the components have the sole function of controlling the device for the single purpose for which the device is intended. (3) "Computer network" means a set of related, remotely connected devices and communication facilities including at least one computer system with capability to transmit data through communication facilities. (4) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data. (5) "Computer services" means providing access to or services or data from a computer, a computer system, or a computer network. (6) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system. (7) "Computer system" means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software. (8) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, access card as defined in R.S. 14:67.3, or marketable security. (9) "Intellectual property" includes data, computer programs, computer software, trade secrets as defined in R.S. 51:1431(4), copyrighted material, and confidential or proprietary information, in any form or medium, when such is stored in, produced by, or intended for use or storage with or in a computer, a computer system, or a computer network. (10) "Proper means" include: (a) Discovery by independent invention; (b) Discovery by "reverse engineering", that is by starting with the known product and working backward to find the method by which it was developed. The acquisition of the known product must be by lawful means; (c) Discovery under license or authority of the owner; (d) Observation of the property in public use or on public display; or (e) Discovery in published literature. (11) "Property" means property as defined in R.S. 14:2(8) and shall specifically include but not be limited to financial instruments, electronically stored or produced data, and computer programs, whether in machine readable or human readable form. OFFENSES: ¤ 73.2. Offenses against intellectual property ¤ 73.3. OFFENSES AGAINST COMPUTER EQUIPMENT OR SUPPLIES ¤ 73.4. OFFENSES AGAINST COMPUTER USERS ¤ 73.5. COMPUTER FRAUD ELEMENTS: ¤ 73.2. Offenses against intellectual property A. An offense against intellectual property is the intentional: (1) Destruction, insertion, or modification, without consent, of intellectual property; or (2) Disclosure, use, copying, taking, or accessing, without consent, of intellectual property. ¤ 73.3. OFFENSES AGAINST COMPUTER EQUIPMENT OR SUPPLIES A. An offense against computer equipment or supplies is the intentional modification or destruction, without consent, of computer equipment or supplies used or intended to be used in a computer, computer system, or computer network. ¤ 73.4. OFFENSES AGAINST COMPUTER USERS A. An offense against computer users is the intentional denial to an authorized user, without consent, of the full and effective use of or access to a computer, a computer system, a computer network, or computer services. ¤ 73.5. COMPUTER FRAUD A. Computer fraud is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof with the intent to: (1) Defraud; or (2) Obtain money, property, or services by means of false or fraudulent conduct, practices, or representations, or through the fraudulent alteration, deletion, or insertion of programs or data. PENALTIES: ¤ 73.2. Offenses against intellectual property B. (1) Whoever commits an offense against intellectual property shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both, for commission of the offense. (2) However, when the damage or loss amounts to a value of five hundred dollars or more, the offender may be fined not more than ten thousand dollars, or imprisoned with or without hard labor, for not more than five years, or both. ¤ 73.3. OFFENSES AGAINST COMPUTER EQUIPMENT OR SUPPLIES B. (1) Whoever commits an offense against computer equipment or supplies shall be fined not more than five hundred dollars, or be imprisoned for not more than six months, or both. (2) However, when the damage or loss amounts to a value of five hundred dollars or more, the offender may be fined not more than ten thousand dollars, or imprisoned with or without hard labor, for not more than five years, or both. ¤ 73.4. OFFENSES AGAINST COMPUTER USERS B. (1) Whoever commits an offense against computer users shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both, for commission of the offense. (2) However, when the damage or loss amounts to a value of five hundred dollars or more, the offender may be fined not more than ten thousand dollars, or imprisoned with or without hard labor, for not more than five years, or both. ¤ 73.5. COMPUTER FRAUD B. Whoever commits computer fraud shall be fined not more than ten thousand dollars, or imprisoned with or without hard labor for not more than five years, or both. DEFENSE: ¤ 73.2. Offenses against intellectual property C. The provisions of this Section shall not apply to disclosure, use, copying, taking, or accessing by proper means as defined in this Subpart. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: La. R.S. ¤¤ 73.1 thru 73.5. SOURCE: 1984 La. Act 711; amended, Acts 1988, No. 184, ¤ 1, eff. July 1, 1988.