Overview of cyberstalking laws in Louisiana

Cyber Stalking

Louisiana- Cyber Stalking Laws

Cyber Stalking Laws in Louisiana

According to Veronica Rose (2009) Cyberstalking is the use of the Internet or other electronic communication to harass, threaten, or intimidate someone. Though the frequency of incidences is unknown a 1999 federal report, Cyberstalking: A New Challenge for Law Enforcement and Industry, alluded to the fact that this behavior may be a precursor to more harmful behavior. The report also points out that the ease of use and non-confrontational, impersonal, and sometimes anonymous nature of Internet communications may remove disincentives to Cyberstalking. While a potential stalker may be unwilling or unable to confront someone in person or on the telephone, he or she may have little hesitation sending harassing or threatening electronic communications to a victim.

Certain Internet capabilities facilitate Cyberstalking by increasing the capacity to contact potential victims. These include chat rooms, bulletin boards, newsgroups, instant messaging, and other web communication devices. The Internet provides a quick, inexpensive, and efficient means to collect and disseminate information to a large public audience. It can be used from anywhere in the world where there is Internet access to: 1) disseminate intimidating and threatening messages, including pictures, video, and audio; 2) transmit large volumes of junk mail or viruses in an attempt to damage data; 3) impersonate people and engage in inappropriate conduct in their name; 4) gather information for harassment purposes; 5) post false information about, and monitor and spy on, people; 6) encourage other people to track and harass people; and 7) engage in other harassing and intimidating behavior.

Cyberstalking poses several enforcement issues for authorities including the jurisdictional issues involved when a Cyberstalker and victim may be located in different cities or states, and the presence of services that provide anonymous communications over the Internet thereby allowing Cyberstalkers and other cybercriminals to avoid accountability for their conduct. Three major federal laws apply to Cyberstalking, the Interstate Communications Act, the Telephone Harassment Act, as amended by the 2000 Violence Against Women Act (VAWA), and the Interstate Stalking and Prevention Act, as amended by VAWA. A fourth federal law protects children against online stalkers.

The laws of Louisiana define Cyberstaking as the use of any electronic mail or communication 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; communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person; 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; knowingly permit an electronic communication device under the person's control to be used for the taking such an action ("Louisiana Cyberstalking Laws," 2010).