LOUISIANA
TITLE 14. CRIMINAL LAW
CHAPTER 1. CRIMINAL CODE
PART III. OFFENSES AGAINST PROPERTY
SUBPART D. COMPUTER RELATED CRIME
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 service 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 14:67.3, or marketable security.
(9)"Intellectual property" includes data, computer programs, computer software, trade
secrets as defined in 51:1431(4), copyrighted materials, 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 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.
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.
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.
C. The provisions of this Section shall not apply to disclosure, use, copying, taking, or accessing
by proper means as defined in this Subpart.
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.
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
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.
B. (1) Whoever commits an offense against computer users shall be fined not more than five
hundred dollars, or be 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
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.
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.