RS 15:1313

381 words·~2 min read·/la/title-15/15-194

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

RS 15:1313

PART III. PEN REGISTERS, TRAP AND TRACE DEVICES, AND CELLULAR TRACKING DEVICES

§1313. Pen registers, trap and trace devices, and cellular tracking devices; use prohibited

A. Except as provided in this Section, no person shall do any of the following:

(1)Install or use a pen register, a trap and trace device, or a cellular tracking device without first obtaining a court order under R.S. 15:1315 or 1318.

(2)Install or use a pen register, trap and trace device, or a cellular tracking device in an unauthorized manner or for any purpose not related to an ongoing law enforcement investigation pursuant to the applicable court order obtained under R.S. 15:1315 or 1318.

B. The prohibition of this Section does not apply with respect to the use of a pen register, a trap and trace device, or a cellular tracking device by a provider of a wire or electronic communication service:

(1)Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service.

(2)To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service, or with the consent of the user of that service.

C.(1) Whoever intentionally violates Subsection A of this Section shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than one year, or both.

(2)In addition to the penalties provided in Paragraph

(1)of this Subsection, a bail enforcement agent who intentionally violates Paragraph (A)(2) of this Section shall be punished as follows:

(a)Upon a first conviction, the agent shall be fined not more than two thousand five hundred dollars and his bail bond producer license shall be suspended for a period of six months.

(b)Upon a second or subsequent conviction, the bail bond producer license of the agent shall be permanently revoked.

Acts 1991, No. 795, §2, eff. July 22, 1991; Acts 2025, No. 140, §1.