While we've heard of the law before, we had never before seen the text of an internet gambling prohibition law passed in Louisiana in late '97. Thanks to our good friend, I. Nelson Rose, IGN brings you the details of the law. The highlights are the sanctions which offer consumers fines of "not more than five hundred dollars, or imprisoned for not more than six months, or both." (Sound familiar?) And, for those involved on the other end (very broadly defined!), they're liable for fines of "not more than twenty thousand dollars, or imprisoned with or without hard labor, for not more than five years, or both." In Louisiana, talk of "with or without hard labor" can be a frightening thought. But, they also have some interesting exceptions.
LA R.S. 14:90.3
LOUISIANA STATUTES ANNOTATED
LOUISIANA REVISED STATUTES
TITLE 14. CRIMINAL LAW
CHAPTER 1. CRIMINAL CODE
PART V. OFFENSES AFFECTING THE PUBLIC MORALS
SUBPART B. OFFENSES AFFECTING GENERAL MORALITY
1. GAMBLING
Current through all 1997 Reg. Sess. Acts
§ 90.3. Gambling by computer
A. The Legislature of Louisiana, desiring to protect individual
rights,
while at the same time affording opportunity for the fullest development
of
the individual and promoting the health, safety, education, and welfare
of
the people, including the children of this state who are our most precious
and valuable resource, finds that the state has a compelling interest
in
protecting its citizens and children from certain activities and influences
which can result in irreparable harm. The legislature has expressed
its
intent to develop a controlled well-regulated gaming industry.
The
legislature is also charged with the responsibility of protecting and
assisting its citizens who suffer from compulsive or problem gaming
behavior which can result from the increased availability of legalized
gaming activities. The legislature recognizes the development
of the
Internet and the information super highway allowing communication and
exchange of information from all parts of the world and freely encourages
this exchange of information and ideas. The legislature recognizes
and
encourages the beneficial effects computers, computer programming,
and use
of the Internet resources have had on the children of the state of
Louisiana by expanding their educational horizons. The legislature
further
recognizes that it has an obligation and responsibility to protect
its
citizens, and in particular its youngest citizens, from the pervasive
nature of gambling which can occur via the Internet and the use of
computers connected to the Internet. Gambling has long been recognized
as
a crime in the state of Louisiana and despite the enactment of many
legalized gaming activities remains a crime. Gambling which occurs
via the
Internet embodies the very activity that the legislature seeks to prevent.
The legislature further recognizes that the state's constitution and
that
of the United States are declarations of rights which the drafters
intended
to withstand time and address the wrongs and injustices which arise
in
future years. The legislature hereby finds and declares that
it has
balanced its interest in protecting the citizens of this state with
the
protection afforded by the First Amendment, and the mandates of Article
XII, Section 6 of the Constitution of Louisiana and that this Section
is a
product thereof.
B. Gambling by computer is the intentional conducting, or directly
assisting in the conducting as a business of any game, contest, lottery,
or
contrivance whereby a person risks the loss of anything of value in
order
to realize a profit when accessing the Internet, World Wide Web, or
any
part thereof by way of any computer, computer system, computer network,
computer software, or any server.
C. For purposes of this Section the following definitions apply:
(1) "Client" means anyone using a computer to access a computer
server.
(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 services" means providing access to or service or
data from
a computer, a computer system, or a computer network.
(5) "Computer software" means a set of computer programs, procedures,
and
associated documentation concerned with operation of a computer system.
(6) "Computer system" means a set of functionally related, connected
or
unconnected, computer equipment, devices, or computer software.
(7) "Home Page" means the index or location for each computer
site on the
World Wide Web.
(8) "Internet" means the global information system that is logically
linked together by a globally unique address space based on the Internet
Protocol or its subsequent extensions, is able to support communications
using the Transmission Control Protocol/Internet Protocol suite or
its
subsequent extensions, and other Internet Protocol compatible protocols,
and provides, uses or makes accessible, either publicly or privately,
high
level services layered on the communications and related infrastructure
described herein.
(9) "Server" means a computer that listens for and services a
client.
(10) "World Wide Web" means a server providing connections to
mega lists
of information on the Internet; it is made up of millions of
individual
web sites linked together.
D. Whoever commits the crime of gambling by computer shall be
fined not
more than five hundred dollars, or imprisoned for not more than six
months,
or both.
E. Whoever designs, develops, manages, supervises, maintains,
provides, or
produces any computer services, computer system, computer network,
computer
software, or any server providing a Home Page, Web Site, or any other
product accessing the Internet, World Wide Web, or any part thereof
offering to any client for the primary purpose of the conducting as
a
business of any game, contest, lottery, or contrivance whereby a person
risks the loss of anything of value in order to realize a profit shall
be
fined not more than twenty thousand dollars, or imprisoned with or
without
hard labor, for not more than five years, or both.
F. The conducting or assisting in the conducting of gaming activities
or
operations upon a riverboat, at the official gaming establishment,
by
operating an electronic video draw poker device, by a charitable gaming
licensee, or at a pari-mutuel wagering facility or the operation of
a state
lottery which is licensed for operation and regulated under the provisions
of Chapter 4 of Title 4, Chapters 4, 5, and 6 of Title 27, or Part
V-A of
Chapter 14 of Title 33 or Subtitle XI of Title 47 of the Louisiana
Revised
Statutes of 1950, shall not be considered gambling by computer for
the
purposes of this Section, so long as the wagering is done on the premises
of the licensed establishment.
G. The conducting or assisting in the conducting of pari-mutuel
wagering
at licensed racing facilities under the provisions of Chapter 4 of
Title 4
of the Louisiana Revised Statutes of 1950, shall not be considered
gambling
by computer for the purposes of this Section so long as the wagering
is
done on the premises of the licensed establishment.
H. Nothing in this Section shall prohibit, limit, or otherwise
restrict
the purchase, sale, exchange, or other transaction related to stocks,
bonds, futures, options, commodities, or other similar instruments
or
transactions occurring on a stock or commodities exchange, brokerage
house,
or similar entity.
I. The providing of Internet or other on-line access, transmission,
routing, storage, or other communication related services, or Web Site
design, development, storage, maintenance, billing, advertising, hypertext
linking, transaction processing, or other site related services, by
telephone companies, Internet Service Providers, software developers,
licensors, or other such parties providing such services to customers
in
the normal course of their business, shall not be considered gambling
by
computer even though the activities of such customers using such services
to conduct a prohibited game, contest, lottery, or contrivance may
constitute gambling by computer for the purposes of this Section.
The
provisions of this Subsection shall not exempt from criminal prosecution
any telephone company, Internet Service Provider, software developer,
licensor, or other such party if its primary purpose in providing such
service is to conduct gambling as a business.
Added by Acts 1997, No. 1467, § 1.
END