2021 Legislative Update - New Crimes: Staging a Car Accident

Act 248 of the 2021 Regular Session of the Louisiana Legislature created two new offenses to be aware of, both prohibiting the staging of motor vehicle accidents.

La. R.S. 14:68.4.1 - “Staging of a motor vehicle collision” prohibits:

A. Staging of a motor vehicle collision is any of the following with an intent to defraud:

(1) Causing a motor vehicle collision for the purpose of obtaining anything of value.

(2) Providing information in connection with a motor vehicle collision, knowing that the collision was intentionally caused, for the purpose of obtaining anything of value.

(3) Providing false information in connection with a motor vehicle collision that did not occur for the purpose of obtaining anything of value.

This new crime is a felony, for which an individual convicted faces imprisonment, with or without hard labor, for not more than 5 years, and/or a fine of up to $5,000.

The act also established La R.S. 14:68.4.2 - “Aggravated staging of a motor vehicle collision” which prohibits the same conduct as §684.4.1, but adds the element, “which causes death or serious bodily injury to another person.” The penalty for this offense is imprisonment, with or without hard labor, for not less than 5 years nor more than 30 years, and/or a fine of up to $15,000.

Finally, this act adds these two offenses to La. R.S. 15:1352(A), which defines them as “racketeering activity,” which adds sentencing enhancements of up to 50 years and fines of up to one million dollars.

If you or someone you know is facing charges under these new statutes, give us a call to set up a consult at (318) 459-9111.