§ 28-226. Gambling by computer.

(a)

The term "gambling by computer" means 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 in any manner other than authorized or permitted by law.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Client means anyone using a computer to access a computer server.

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. The term "computer" shall not include an automated typewriter or typesetter, a machine designed solely for word processing, or a portable handheld 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.

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.

Computer services means providing access to or service or data from a computer, a computer system, or a computer network.

Computer software means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system.

Computer system means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software.

Home page means the index or location for each computer site on the World Wide Web.

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.

Server means a computer that listens for and services a client.

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.

(Code 2004, § 14.90.3)

State law reference

Gambling by computer, R.S. 14:90.3.