textfiles/law/la_lawsta.law

The Louisiana Computer Related
Crime, passed in 1984. */


Louisiana Revised Statutes 14:73.1

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
type-setter, a machine designed solely for word processing, or a
portable hand-held calculator, nor shall "computer" include any
other device which contains components similar to those in
computers but which 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 communications facilities including at least one
computer system with the 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 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 sorted in, produced by, or 
intended for use or storage with or in a computer, a computer 
system or a computer network.

(10) "Proper means" includes:

(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 
shall 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 public 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.

SECTION 73.2. Offenses against intellectual property

A. An offense against intellectual property is the intentional:

(1) Destruction, insertion,n 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 the 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 imprisonment with or without hard labor, 
for not more than five years, or both.

C. The provisions of this section shall not apply to the 
disclosure, use, copying, taking, or accessing by proper means as 
defined in this Subpart.

Section 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 
shall be fined not more than five hundred dollars, or imprisoned 
for not more than six months, or both, for the 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 imprisonment with or without hard labor, 
for not more than five years, or both.

Section 73.4. 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 
alteration, deletion or insertion of programs or data.

(2) Whoever commits the offense of computer fraud shall be fined 
more than ten thousand Dollars, or imprisoned with or without 
hard labor for not more than five years, or both.


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