Cyberbullying and Cyberstalking Laws in Louisiana

Bullying has always been a menace in teenage social life, but with the internet and other electronic modes of socializing, cyberbullying­—bullying that takes place in an electronic format—has developed into a potentially even more dangerous teenage social ill. What many don't realize is that cyberbullying can cross the line to criminal conduct.

This article discusses Louisiana's criminal statutes that prohibit and penalize cyberbullying.

What Laws Prohibit Cyberbullying in Louisiana?

Louisiana legislators have addressed cyberbullying in criminal statutes, as well as in school harassment and bullying laws. A person who engages in these types of cybercrimes can face charges for cyberbullying, cyberstalking, stalking, and unlawful harassing communications. All of these crimes include conduct involving electronic communications—emails, calls, texts, messages, and posts—sent through a computer, cell phone, or other electronic device.

Below are explanations of these crimes and their penalties.

What Are the Penalties for Cyberbullying in Louisiana?

A person commits cyberbullying by transmitting any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a victim who is 17 or younger. Electronic communication includes those made through a computer online service, internet or telecommunications service, internet chat room, email, or online messaging.

An offender who engages in such unlawful behavior faces up to six months in jail and a $500 fine.

(La. Rev. Stat. § 14:407 (2024).)

What Are the Penalties for Cyberstalking in Louisiana?

A more serious form of cyberbullying occurs when the unlawful behavior escalates to the point of cyberstalking. Cyberstalking occurs when a person uses electronic communications to accomplish any of the following:

• threatening to physically harm another person or their family member, damage someone's property, or extort money or other things of value
• sending repeated communications to another to threaten, terrify, or harass them
• knowingly making false statements concerning death, injury, illness, disfigurement, indecent conduct or criminal conduct of the recipient or their family member with the intent to threaten, terrify, or harass, or
• knowingly permitting another person to use their electronic communication device to engage in any of the above-listed actions.

A first-offense cyberstalking conviction carries up to one year in jail and a $2,000 fine. A second conviction (within seven years) subjects a guilty defendant to six months to three years of incarceration and a $5,000 fine. Within that same timeframe, if an offender gets a third or subsequent conviction, they face two to five years' imprisonment and a $5,000 fine.

(La. Rev. Stat. § 14:403 (2024).)

What Are the Penalties for Stalking in Louisiana?

Acts of cyberbullying can be charged as stalking if the defendant intentionally and repeatedly harasses someone, and that conduct would cause a reasonable person to feel alarmed or suffer emotional distress. Harassing behavior can occur in person or through electronic communications.

Penalties for stalking vary based on the nature and circumstances of the offense, as well as the age of the victim. A first conviction carries 30 days to one year in jail and a fine of $500 to $1,000. However, if the victim is a child, increased penalties apply, ranging from one- to five-year prison sentences depending on whether the offender caused the victim to fear bodily injury or death. For repeat stalking convictions, punishment ranges from 5 to 40 years' imprisonment and a $5,000 fine. Finally, Louisiana law requires anyone convicted of stalking to undergo a psychiatric evaluation.

(La. Rev. Stat. § 14:402 (2024).)

What Are the Penalties for Unlawful Harassing Communications in Louisiana?

Louisiana law also makes it a crime for a person to use a cell phone, computer, wireless device, or similar device to:

• send obscene, profane, vulgar or lascivious communications, make obscene proposals, or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass any person
• make repeated communications or send repeated messages in a manner reasonably expected to abuse, torment, harass, embarrass, or offend someone
• send obscene content or messages knowing that content or message will go to, or be heard by, a minor, or
• knowingly permit someone's own phone to be used for any of the above-referenced unlawful conduct.

A first conviction for unlawful harassing communications is punishable by up to six months of incarceration and a $500 fine. Penalties increase to up to two years in prison and a $5,000 fine for second and subsequent offenses.

(La. Rev. Stat. § 14:285 (2024).)

Possible Defenses to Cyberbullying Crimes in Louisiana

As discussed above, cyberbullying and cyberstalking may be criminally prosecuted under several state laws. Depending on the charge, one or more defenses may apply to each case, including the following.

Free Speech

Free speech is a fundamental—yet limited—right protected by the U.S. Constitution. The government can punish speech (words and related actions) when it is likely to be immediately dangerous to others. Because the line between protected and illegal speech isn't always clear, it may be appropriate to explore a free-speech defense.

Lack of Intent

All criminal offenses discussed in this article require a level of intent (knowingly, intentionally, or willfully), in order for a defendant to be guilty of the offense. If the defense can cast doubt regarding the defendant's intent or knowledge to cause harm or distress, this can be very beneficial to their case.

Reasonableness

For an offender's intentional and repeated pattern of conduct to constitute stalking, it must cause a reasonable person to feel alarmed or to suffer emotional distress. It's not enough for the alleged victim to feel emotional or mental stress or fear. A defendant might be able to argue that the victim's reaction was overly sensitive and not reasonable in light of the conduct in question.

Will Teenagers Accused of Cyberbullying Go to Juvenile or Adult Court?

Both minors and adults can be charged with cyberbullying or cyberstalking, but they will be prosecuted in different courts based on age. Teenagers accused of acts committed when they were 17, 18, or 19 will face charges in adult criminal court, whereas most juveniles whose acts were committed when they were 16 or younger fall under the jurisdiction of the state's juvenile justice system.

Juvenile court judges generally have more discretion than adult court judges in sentencing, as the juvenile justice system focuses more on rehabilitation rather than punishment. Within the juvenile system, sentencing options may include counseling, community service, treatment, monitoring, curfews, educational programs, or detention in a juvenile facility. In juvenile court, the minor receives an adjudication of delinquency rather than a criminal conviction.

(La. Child. Code. art. 804 (2024).)

State-Mandated School Anti-Bullying Policies in Louisiana

Schools can also discipline students for bullying or cyberbullying other students.

Louisiana law requires all school districts within the state to institute an anti-bullying policy. As it relates to cyberbullying, the law defines bullying as a pattern of electronic communications, including but not limited to calling names, threatening harm, taunting, malicious teasing, or spreading untrue rumors that would cause a student to reasonably fear for their physical safety or that of their property. This unwanted behavior must be sufficiently severe, persistent, and pervasive enough to create an intimidating or threatening educational environment for the victim.

Like most states, Louisiana schools' anti-bullying policies must also contain, among other things, procedures for reporting, investigating, documenting, and responding to alleged instances of bullying.

(La. Rev. Stat. § 17:416.14 (2024).)

Civil Lawsuits for Cyberbullying in Louisiana

As you have read, cyberbullies may face penalties at school and sometimes in criminal court. In addition, a victim of cyberbullying may bring a civil lawsuit for the emotional, social, or financial harm caused by the offense. The size of the money damages will depend on the harm caused to the victim. For example, a civil court judge may order a cyberbully to pay the cost of therapy for the emotional distress caused to the victim.

Talk to a Lawyer

Cyberbullying and cyberstalking can incur serious fines and substantial incarceration time for a guilty defendant in Louisiana. If you've been arrested for or charged with a related crime, contact a local criminal defense attorney. A qualified lawyer can give you sound legal advice and recommend the best course of action for the unique circumstances of your case.