Happy Halloween from Gilmer & Giglio!
In honor of Halloween, we at Gilmer & Giglio wanted to provide you some warnings about those common and lesser-known laws that might get you into trouble this holiday. Be safe and call us if you need us!
Don’t destroy people’s pumpkins or you could be facing up to a $1,000 fine and 6 months in jail. (Simple Criminal Damage to Property - La. R.S. 14:56 - “the intentional damaging of any property of another, without the consent of the owner…by any means other than fire or explosion.” Don’t destroy people’s pumpkins or you could be facing up to a $1,000 fine and 6 months in jail. Criminal Mischief - La. R.S. 14:59 - “(A)(1) Tampering with any property of another, without the consent of the owner, with the intent to interfere with the free enjoyment of any rights of anyone thereto, or with the intent to deprive anyone entitled thereto of the full use of the property.” “(A)(6) Throwing any stone or any other missile in any street, avenue, alley, road, highway, open space, public square, or enclosure, or throwing any stone, missile, or other object from any place into any street, avenue, road, highway, alley, open space, public square, enclosure, or at any train, railway car, or locomotive.”)
Be careful when those parties get out of hand! Disturbing the Peace - La. R.S. 14:103 - “(A) Disturbing the peace is the doing of any of the following in such manner as would foreseeable disturb or alarm the public:…(3) Appearing in an intoxicated condition; or (4) Engaging in any act in a violent and tumultuous manner by any three or more persons…”
Please also note that no person convicted of a sex offense is permitted to hand out candy to persons under the age of 18. (La. R.S. 14:313.1).
And for those of you who take your Halloween costumes a bit literally: no Dr. Frankenstein-like behavior (La. R.S. 89.6 - prohibiting human-animal hybrids; La. R.S. 14:101 - prohibiting the desecration of graves; La. R.S. 14:101.1 - prohibiting the purchase or sale of human organs)!
If you or someone you know has a run-in with law enforcement this Halloween, call us at (318) 459-9111 to schedule an appointment.
Have a safe and happy Halloween!