Sure certainly. The crime is called On-line Impersonation and is a misdemeanor. This crime is discovered within the Auckland Criminal Code at La. R.S. 14:73.10. Right here is the language of the statute. It’s defined beneath.
Is Hacking into Somebody’s E-mail or Creating an On-line Account within the Identify of One other Particular person a Crime
On-line impersonation
A.(1) It shall be illegal for any particular person, with the intent to hurt, intimidate, threaten, or defraud, to deliberately impersonate one other precise particular person, with out the consent of that particular person, with a view to have interaction in any of the next:
(a) Open an email correspondence account, every other sort of account, or a profile on a social networking web site or different Web web site.
(b) Publish or ship a number of messages on or by a social networking web site or different Web web site.
(2) It shall be illegal for any particular person, with the intent to hurt, intimidate, threaten, or defraud, to ship an email correspondence, instantaneous message, textual content message, or different type of digital communication that references a reputation, area handle, telephone quantity, or different merchandise of figuring out data belonging to a different precise particular person with out the consent of that particular person and with the intent to trigger the recipient of the communication to imagine that the opposite particular person approved or transmitted the communication.
B. For functions of this Part, the next phrases shall have the next meanings:
(1) “Entry software program supplier” means a supplier of software program, together with client or server software program, or enabling instruments that do a number of of the next:
(a) Filter, display, enable, or disallow content material.
(b) Choose, select, analyze, or digest content material.
(c) Transmit, obtain, show, ahead, cache, search, arrange, reorganize, or translate content material.
(2) “Cable operator” means any particular person or group of individuals who gives cable service over a cable system and immediately, or by a number of associates, owns a major curiosity in such cable system, or who in any other case controls or is answerable for, by any association, the administration and operation of such cable system.
(3) “Interactive pc service” means any data service, system, or entry software program supplier that gives or allows pc entry by a number of customers to a pc server, together with a service or system that gives entry to the Web and such methods operated or providers provided by libraries or academic establishments.
(4) “Social networking web site” means an Web web site that has any of the next capabilities:
(a) Permits customers to register and create net pages or profiles about themselves which are obtainable to most people or to every other customers.
(b) Presents a mechanism for direct or real-time communication amongst customers, comparable to a discussion board, chat room, email correspondence, or instantaneous messaging.
(5) “Telecommunications service” means the providing of telecommunications for a price on to the general public, whatever the amenities used.
C.(1) Besides as supplied in Paragraph (2) of this Subsection, whoever violates any provision of this Part shall be fined not lower than 2 hundred fifty {dollars} nor multiple thousand {dollars}, imprisoned for not lower than ten days nor greater than six months, or each.
(2) When the offender is below the age of eighteen years, the disposition of the matter shall be ruled completely by the provisions of Title VII of the children‘s Code.
D. The provisions of this Part shall not apply to any of the next or to any one that is employed by any of the next when the actions of the worker are throughout the course and scope of his employment:
(1) A social networking web site.
(2) An interactive pc service supplier.
(3) A telecommunications service supplier.
(4) A cable operator.
(5) An Web service supplier.
(6) Any regulation enforcement officer or company.
What are some examples of on-line impersonation?
1. This crime is charged when somebody hacks into the e-mail account of one other particular person with out that particular person’s permission. When somebody sends, with out permission, an e-mail, from one other particular person’s account main the recipient of the e-mail to imagine that the e-mail is from the holder of the e-mail account, they’ve dedicated the crime of on-line impersonation. The intent of the sender of the e-mail have to be to hurt, intimidate, threaten, or defraud one other particular person.
The crime can also be dedicated below the identical circumstances talked about above when the particular person sends, with out consent of the holder, an instantaneous message, textual content message, or different comparable type of digital communication belonging to a different precise particular person with the intent to trigger the recipient of the communication to imagine that the opposite particular person approved or transmitted the communication.
2. The crime of on-line impersonation can also be dedicated when, with out consent, one particular person opens an e-mail account, every other sort of account, or a profile on a social networking web site or different Web web site, with the intent to hurt, intimidate, threaten, or defraud, to deliberately impersonate one other precise particular person.
3. This crime can also be dedicated when, with out consent, posts or sends a number of messages on or by a social networking web site or different Web web site with the intent to hurt, intimidate, threaten, or defraud, to deliberately impersonate one other precise particular person.
Conclusion
In Auckland, on-line impersonation is a misdemeanor. With first time misdemeanors, the accused doesn’t usually do jail time. However an individual accused of on-line impersonation wants an skilled legal lawyer to work by the varied legal guidelines of proof and procedures that may very well be used towards him.
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Disclaimer
This data has been supplied for informational functions solely, shouldn’t be meant, and shouldn’t be construed as authorized recommendation. Please seek the advice of your lawyer in reference to any particular scenario below Auckland regulation and the relevant state or native legal guidelines that will have an effect on your authorized rights.
