Advanced Investigative Technologies, LLC
Licensed by the Louisiana State Board of Private Investigator Examiners
License Number: 5716-040104-LA
Advanced Investigative Technologies, LLC
510 3rd Street
Jennings, LA 70546
ph: 337-246-0933
alt: 337-368-4059
info
Cyberbullying is a very serious offense, especially in Louisiana. The Cyberstalking law is an example of cyberbullying. Recently, we've had to reach out to the District Attorney in a certain parish in Louisiana as well as the United States Attorney under the cyber terrorism act. Here is the cyberstalking law in Louisiana:
§40.3. Cyberstalking
A. For the purposes of this Section, the following words shall have the following meanings:
(1) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(2) "Electronic mail" means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
B. Cyberstalking is action of any person to accomplish any of the following:
(1) Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
(3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify, or harass.
(4) Knowingly permit an electronic communication device under the person's control to be used for the taking of an action in Paragraph (1), (2), or (3) of this Subsection.
C.(1) Whoever commits the crime of cyberstalking shall be fined not more than two thousand dollars, or imprisoned for not more than one year, or both.
(2) Upon a second conviction occurring within seven years of the prior conviction for cyberstalking, the offender shall be imprisoned for not less than one hundred and eighty days and not more than three years, and may be fined not more than five thousand dollars, or both.
(3) Upon a third or subsequent conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned for not less than two years and not more than five years and may be fined not more than five thousand dollars, or both.
(4)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
D. Any offense under this Section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received, or originally viewed by any person.
E. This Section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others.
Acts 2001, No. 737, §1; Acts 2010, No. 763, §1.
Here is a federal act that the United States Attorney is currently using to arrest and convict those of cyberbullying. It is known as the Megan Meier Act:
A BILL
To amend title 18, United States Code, with respect to cyberbullying.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the `Megan Meier Cyberbullying Prevention Act'.
SEC. 2. FINDINGS. Congress finds the following:
(1) Four out of five of United States children aged 2 to 17 live in a home where either they or their parents access the Internet.
(2) Youth who create Internet content and use social networking sites are more likely to be targets of cyberbullying.
(3) Electronic communications provide anonymity to the perpetrator and the potential for widespread public distribution, potentially making them severely dangerous and cruel to youth.
(4) Online victimizations are associated with emotional distress and other psychological problems, including depression.
(5) Cyberbullying can cause psychological harm, including depression; negatively impact academic performance, safety, and the well-being of children in school; force children to change schools; and in some cases lead to extreme violent behavior, including murder and suicide.
(6) Sixty percent of mental health professionals who responded to the Survey of Internet Mental Health Issues report having treated at least one patient with a problematic Internet experience in the previous five years; 54 percent of these clients were 18 years of age or younger.
SEC. 3. CYBERBULLYING.
(a) In General- Chapter 41 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 881. Cyberbullying
`(a) Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.
`(b) As used in this section-- `(1) the term `communication' means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received; and `(2) the term `electronic means' means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by adding at the end the following new item: `881. Cyberbullying.'.
Under current laws, website owners and domain owners can be held civilly and criminally liable for the actions of those that posts on their websites. A subpoena can and will be issued for all civil and criminal actions.
Advanced Investigative Technologies, LLC
510 3rd Street
Jennings, LA 70546
ph: 337-246-0933
alt: 337-368-4059
info