The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Taking effect on July 1, 2024, the legislature has extended the conditions for which a driver who is arrested for driving while intoxicated must be required to install an ignition interlock in their vehicle.

The legislature increased the period of suspension for a first breath test with a result over a .08 from 90 days to 6 months (unless the arrested individual is under 21). An ignition interlock is now required for reinstatement and/or hardship qualifications for any refusal, whether a first or a fifth.

Finally, and probably most consequentially, the legislature now requires the Court to order for any DWI conviction that the defendant not drive a motor vehicle unless that vehicle has been equipped with a functioning ignition interlock device. For a first conviction, this requirement would be in place for 6 months. For a second conviction, this requirement would be in place for four years.

The one positive change to the DWI laws made by the legislature this term is that installations of ignition interlock devices for submissions or refusals to breath tests can now be given credit toward installations for convictions, which means an individual will not be required to install an ignition interlock device twice to meet the requirements of both statutes.

If you or someone you know is facing criminal prosecution for a DWI and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Effective on March 5, 2024, the Legislature extended the prescriptive period for sex offenses under limited circumstances. Louisiana Code of Criminal Procedure Article 572 now says:

[…] prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile or newly discovered photographic or video evidence.

La. C.Cr.P. Art. 572. This change requires that the out-of-time prosecution be brought within 3 years of the date on which the offender’s is identified based on the newly discovered photographic or video evidence.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

As of August 1, 2023, the Louisiana Legislature has created a special provision for expunging first offense misdemeanor possession of marijuana convictions:

D. Notwithstanding any provision of law to the contrary, a person may file a motion to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.

Louisiana Code of Criminal Procedure Article 977(D).

The fees for filing this expungement are slightly less than a regular expungement. La CCrP Art. 983(M).

This special provision will cease to be available to citizens of Louisiana on August 1, 2026. La CCrP Art. 983(M)(5).

If you or someone you know wants to know if they are eligible for an expungement under this law, give us a call at (318) 459-9111 to set up a consult.

There are several offenses that criminalize physical violence committed in intimate or family relationships: Domestic Abuse Battery, Battery of a Dating Partner, Domestic Abuse Aggravated Assault, and Aggravated Assault Upon a Dating Partner.

Domestic abuse battery

Domestic abuse battery “is the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member.” La. R.S. 14:35.3(A).

“Family member” and “household member” are specifically defined in the same statute. “‘Family member’ means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. ‘Family member’ also means the other parent or foster parent of any child or foster child of the offender.” La. R.S. 14:35.3(B)(4). “‘Household member’ means any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.” La. R.S. 14:35.3(B)(5).

Each of these offenses is enhanceable. Multiple convictions increase the penalty. A first offense carries a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 30 days nor more than 6 months. At least 48 hours of the jail sentence will be without parole, probation, or suspension of sentence. The balance of the sentence cannot be suspended unless the defendant is placed on supervised probation and ordered to complete a court-approved domestic abuse intervention program and perform 64 hours of community service. The court shall also order that the defendant not own or possess a firearm while on probation. La. R.S. 14:35.3(C).

A second offense increases the fine to a minimum of $750 and the minimum jail sentence to 60 days. 14 days of the sentence must be without parole, probation, or suspension of sentence. The balance may be suspended if the defendant is ordered to complete a domestic abuse intervention program and perform 240 hours of community service. La. R.S. 14:35.3(D).

A third offense is a felony, which carries a penalty of imprisonment with or without hard labor for not less than 1 year nor more than 5 years and a fine of $2,000. The first year of the sentence must be without probation, parole, or suspension of sentence. A fourth or subsequent offense increases the mandatory minimum sentence to 10 years up to 30 years and a fine of $5,000. La. R.S. 14:35.3(E).

There are several other provision of La. R.S. 14:35.3 that increase or alter the penalty:

(1) “When the state proves, in addition to the [other] elements of the crime…that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.'“ La. R.S. 14:35.3(I).

(2) If the victim is pregnant, and the defendant knew that the victim was pregnant at the time of the offense, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.3(K).

(3) If the battery involves strangulation, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.3(L).

(4) If the battery involves burning, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.3(M).

(5) If the offender intentionally inflicts serious bodily injury, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.” La. R.S. 14:35.3(N).

(6) If the offender uses a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.” La. R.S. 14:35.3(O).

(7) If the offender intentionally causes serious bodily injury with a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.” La. R.S. 14:35.3(P).

BATTERY OF A DATING PARTNER

Battery of a dating partner “is the intentional use of force or violence committed by one dating partner upon the person of another dating partner.” La. R.S. 14:35.9(A).

“‘Dating partner’ means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. ‘Dating partner’ shall not include a casual relationship or ordinary association between persons in a business or social context.” La. R.S. 14:35.9(B)(3).

Each of these offenses is enhanceable. Multiple convictions increase the penalty. A first offense carries a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 30 days nor more than 6 months. At least 48 hours of the jail sentence will be without parole, probation, or suspension of sentence. The balance of the sentence cannot be suspended unless the defendant is placed on supervised probation and ordered to complete a court-approved domestic abuse intervention program and perform 64 hours of community service. The court shall also order that the defendant not own or possess a firearm while on probation. La. R.S. 14:35.9(C).

A second offense increases the fine to a minimum of $750 and the minimum jail sentence to 60 days. 14 days of the sentence must be without parole, probation, or suspension of sentence. The balance may be suspended if the defendant is ordered to complete a domestic abuse intervention program and perform 240 hours of community service. La. R.S. 14:35.9(D).

A third offense is a felony, which carries a penalty of imprisonment with or without hard labor for not less than 1 year nor more than 5 years and a fine of $2,000. The first year of the sentence must be without probation, parole, or suspension of sentence. A fourth or subsequent offense increases the mandatory minimum sentence to 10 years up to 30 years and a fine of $5,000. La. R.S. 14:35.9(E).

There are several other provision of La. R.S. 14:35.9 that increase or alter the penalty:

(1) “When the state proves, in addition to the [other] elements of the crime…that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.'“ La. R.S. 14:35.9(I).

(2) If the victim is pregnant, and the defendant knew that the victim was pregnant at the time of the offense, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.9(K).

(3) If the battery involves strangulation, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.9(L).

(4) If the battery involves burning, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.9(M).

(5) If the offender intentionally inflicts serious bodily injury, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.” La. R.S. 14:35.9(N).

(6) If the offender uses a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.” La. R.S. 14:35.9(O).

(7) If the offender intentionally causes serious bodily injury with a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.” La. R.S. 14:35.9(P).

DOMESTIC ABUSE AGGRAVATED ASSAULT

Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member or family member upon another household member or family member. La. R.S. 14:37.7A.

Assault is defined in La. R.S. 14:36 as an “attempt to commit a battery; or the intentional placing of another in reasonable apprehension of receiving a battery.”

“Family member” and “household member” are defined the same way as they are in La. R.S. 14:35.3. The penalty for domestic abuse aggravated assault is imprisonment at hard labor for not less than 1 year nor more than 5 years and a fine of not more than $5,000. La. R.S. 14:37.7B(1), B(2), & C.

If a child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence is 2 years at hard labor without benefit of probation, parole, or suspension of sentence. La. R.S. 14:37.7D.

AGGRAVATED ASSAULT UPON A DATING PARTNER

Aggravated assault upon a dating partner “is an assault with a dangerous weapon committed by one dating partner upon another dating partner.” La. R.S. 14:34.9.1A.

“Dating partner” is defined in this statute the same way it is defined in battery of a dating partner. The penalty for this offense is imprisonment at hard labor for not less than 1 year nor more than 5 years and a fine of not more than $5,000. La. R.S. 14:34.9.1B & C.

If a child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence is 2 years at hard labor without benefit of probation, parole, or suspension of sentence. La. R.S. 14:34.91.1D.

If you or someone you know is facing charges related to domestic violence, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature this year amended the Schedule II penalties with regard to Fentanyl and established a new offense for the production, manufacturing, distribution, or possession of Xylazine.

Louisiana Revised Statutes 40:967 has been amended, with regard to Fentanyl, to increase the penalties as follows:

• For a conviction involving less than 28 grams, the penalty shall be imprisonment at hard labor for not less than 5 years nor more than 40 years, and a fine of up to $50,000. The legislature established a mandatory minimum penalty of 5 years without benefit of probation, parole, or suspension of sentence.

• For a first conviction of 28 grams or more but less than 250 grams, the penalty shall be imprisonment at hard labor for not less than 7 years nor more than 40 years, at least 7 years of which shall be without benefit of probation, parole, or suspension of sentence (and a fine).

• For a second conviction of 28 grams or more but less than 250 grams, the penalty shall be imprisonment at hard labor for not less than 30 years nor more than 40 years, at least 10 years of which shall be without benefit of probation, parole, or suspension of sentence (and a fine).

• For a third conviction of 28 grams or more but less than 250 grams, the penalty shall be imprisonment or hard labor for not less than 99 years without benefit of probation, parole, or suspension of sentence (and a fine).

• Distribution which “is the direct cause of serious bodily injury to the person who ingested or consumed the substance”:

  • Shall be classified as a crime of violence

  • Penalty shall be imprisonment at hard labor for an additional period of five years without benefit of probation, parole, or suspension of sentence to be served consecutively.

La. R.S. 40:967.

The Louisiana legislature also enacted Louisiana Revised Statutes 40:989.4 - Unlawful production, manufacturing, distribution, or possession of Xylazine

A.(1) It shall be unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute Xylazine.

(2) Whoever violates the provisions of this Subsection shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, and, in addition, may be required to pay a fine of not more than fifteen thousand dollars.

B.(1) it shall be unlawful for any person to knowingly or intentionally possess Xylazine.

(2) Whoever violates the provisions of this Subsection shall be imprisoned for not more than six months and, in addition, may be required to pay a fine of not more than five hundred dollars.

C. The provisions of this Section shall not apply to the following:

(a) The production, manufacturing, distribution, or possession of Xylazine in the course of a legitimate veterinary practice.

(b) The production, manufacturing, distribution, or possession of Xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.

(c) The possession of Xylazine pursuant to a valid prescription from a licensed veterinarian.

D. As used in this Section, “Xylazine” means Xylazine and any salt, sulfate, isomer, homologue, analogue, or other preparation of Xylazine, and any salt, isomer, compound, derivative, precursor, homologue, analogue, or other preparation thereof that is substantially chemically equivalent or identical to Xylazine.

La. R.S. 40:989.4.

If you or someone you know is facing prosecution for a drug offense, give us a call at (318) 459-9111 to set up a consult.

This week, we are addressing some changes the Louisiana Legislature made to the Driving While Intoxicated laws as well as a new sentencing enhancement for operating a vehicle without a properly attached license plate.

The Louisiana Legislature amended all of the Operating a Vehicle While Intoxicated to mandate that the Department of Motor Vehicles shall suspend a defendant’s Driver’s License if he submitted to a blood alcohol test and the results were 0.15 or higher. For a first offense, the Driver’s License shall be suspended for 2 years. For a second offense, 4 years. This amendment does allow the defendant to obtain a hardship license during the term of his suspension, as long as his vehicle is equipped with an ignition interlock device (a breathalyzer).

Louisiana Revised Statutes 32:57 has been amended to create a sentencing enhancement under the following circumstances:

If a violation of R.S. 32:53(A)(2) [improper display of a license plate] is committed in the preparation of or during the commission of a felony offense in order to escape detection, the violator shall be punished by an additional fine of two hundred dollars or by imprisonment of an additional thirty days, or both. For any violation of R.S. 32:53(A)(2), the vehicle may be immediately impounded.

La. R.S. 32:57(A)(2).

The Louisiana Legislature also enacted La. R.S 14:93.2.4 - Unlawful Swimming in Certain Waterways:

A. It shall be unlawful for any parent or legal guardian who has care and control of a minor, to permit a minor, either knowingly, willfully, or through criminal negligence to swim without wearing a Type 1, type II, Type III, or Type V personal floatation device approved by the United States Coast Guard in the portion of any river beginning from a water-controlled structure through which that river flows to a point seventy miles downstream when that structure creates a reservoir used to generate hydroelectric power. The distance provided for in this Subsection shall be measured from the structure along a line drawn downstream in the middle of the river bed.

(B)(1) On a first conviction, the parent or legal guardian shall be issued a warning ticket, fined not more than twenty-five dollars, or both.

(2) On a second conviction, the parent or legal guardian shall be fined not more than fifty dollars, imprisoned for not more than seven days, or both.

(3) On a third or subsequent conviction, the parent or legal guardian shall be fined not more than seventy-five dollars nor more than two hundred fifty dollars, imprisoned for not more than thirty days, or both.

La. R.S. 14:93.2.4.

If you or someone you know is facing criminal prosecution, give us a call at (318) 459-9111 to set up a consult.

It is time for my (kinda) regular reminder that marijuana is still illegal under federal (and state - under most circumstances) law!

In the United States it is illegal to possess marijuana. The possession of any amount is a criminal offense that carries a potential fine and/or imprisonment.

In Louisiana, it is illegal to possess marijuana (in any quantity); however, the possession of 14 grams or less is punishable by only a fine of up to $100. (NOTE: This is still. a. crime. It will still go on your rap sheet and you will still have to disclose it to potential employers.)

The one exception to the prohibition on possession under Louisiana law is that

Any person who is a patient of the state-sponsored medical marijuana program in Louisiana, and possesses medical marijuana in a form permissible under R.S. 40:1046 for a condition enumerated therein, a caregiver as defined in R.S. 15:1503, any person who is a domiciliary parent of a minor child who possesses medical marijuana on behalf of his minor child in a form permissible under 40:1046 for a condition enumerated therein pursuant to a legitimate medical marijuana prescription or recommendation issued by a licensed health professional authorized by R.S. 40:1046(B) to recommend medical marijuana to patients, or any visiting qualifying patient as defined in R.S. 40:1046.1 shall be exempt from the provisions of this Section. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana or any of its derivatives or other conduct outside the scope of the state-sponsored medical marijuana program.

La. R.S. 40:966F(1).

With regard to traveling with marijuana, beyond its illegality under federal law, the chart below (thanks to statista.com for the chart!) shows the current state of legalization across the United States. Traveling to another state, even with a medical marijuana authorization from Louisiana, may still render you in legal trouble if it is not legal in the state to which you travel (or through which you travel).

Finally, strangely, the Transportation Security Administration (TSA) has an interesting perspective on air travel while carrying marijuana on their website:

The second paragraph of this blurb from the TSA’s website is, I think, the most important despite the permissiveness of the first paragraph.

If you or someone you know is being prosecuted for charges related to marijuana and would like to set up a consultation, give us a call at (318) 459-9111.

The federal government has established several special criminal offenses that govern the behavior of individuals traveling by air.

Title 18, §31 defines several terms that are important for further review of the offenses that follow:

(1) Aircraft - The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.

…

(4) In flight - The term “in flight” means —

(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and

(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property are on board.

(5) In service - The term “in service” means —

(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and

(B) in any event includes the entire period during which the aircraft is in flight.

18 USC 31(a).

Section 32 of Title 18 prohibits (among other things) destroying, setting fire to, damaging, wrecking, placing a destructive device or substance on or in proximity to an airplane, air navigation facility, or maintenance area for an aircraft. This statute is very broad and probably covers any action you could take that could cause damage while in an airport or on an airplane. There are some limitations, such that the action must be done “willfully” or with the intent to damage, destroy, or disable the aircraft, or with the intent to endanger the safety of another person. it also prohibits performing any act of violence against or incapacitating any individual on an aircraft if such act is likely to endanger the safety of the aircraft. The penalty for violating these offenses is a fine and/or imprisoned for up to 20 years.

So that disagreement with the flight attendant is just not worth resorting to physical violence over.

For those traveling internationally this summer, a reminder:

Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper, or

Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law—

Shall be fined under this title or imprisoned not more than 20 years, our both.

Proof of defendant’s possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this Section.

18 USC 545.

On a lighter note, it is also a federal crime to aim the beam of a laser pointer at an aircraft and carries a fine and/or imprisonment up to 5 years. 18 USC 39A.

If you or someone you know is facing criminal charges and would like to schedule a consult, give us a call at (318) 459-9111.

There are several offenses that criminalize physical violence committed in intimate or family relationships: Domestic Abuse Battery, Battery of a Dating Partner, Domestic Abuse Aggravated Assault, and Aggravated Assault Upon a Dating Partner.

Domestic abuse battery

Domestic abuse battery “is the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member.” La. R.S. 14:35.3(A).

“Family member” and “household member” are specifically defined in the same statute. “‘Family member’ means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. ‘Family member’ also means the other parent or foster parent of any child or foster child of the offender.” La. R.S. 14:35.3(B)(4). “‘Household member’ means any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.”

Each of these offenses is enhanceable. Multiple convictions increase the penalty. A first offense carries a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 30 days nor more than 6 months. At least 48 hours of the jail sentence will be without parole, probation, or suspension of sentence. The balance of the sentence cannot be suspended unless the defendant is placed on supervised probation and ordered to complete a court-approved domestic abuse intervention program and perform 64 hours of community service. The court shall also order that the defendant not own or possess a firearm while on probation.

A second offense increases the fine to a minimum of $750 and the minimum jail sentence to 60 days. 14 days of the sentence must be without parole, probation, or suspension of sentence. The balance may be suspended if the defendant is ordered to complete a domestic abuse intervention program and perform 240 hours of community service.

A third offense is a felony, which carries a penalty of imprisonment with or without hard labor for not less than 1 year nor more than 5 years and a fine of $2,000. The first year of the sentence must be without probation, parole, or suspension of sentence. A fourth or subsequent offense increases the mandatory minimum sentence to 10 years up to 30 years and a fine of $5,000.

There are several other provision of La. R.S. 14:35.3 that increase or alter the penalty:

(1) “When the state proves, in addition to the [other] elements of the crime…that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.'“

(2) If the victim is pregnant, and the defendant knew that the victim was pregnant at the time of the offense, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.”

(3) If the battery involves strangulation, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.”

(4) If the battery involves burning, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.”

(5) If the offender intentionally inflicts serious bodily injury, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.”

(6) If the offender uses a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.”

(7) If the offender intentionally causes serious bodily injury with a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.”

BATTERY OF A DATING PARTNER

Battery of a dating partner “is the intentional use of force or violence committed by one dating partner upon the person of another dating partner.” La. R.S. 14:35.9(A).

“‘Dating partner’ means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. ‘Dating partner’ shall not include a casual relationship or ordinary association between persons in a business or social context.” La. R.S. 14:35.9(B)(3).

Each of these offenses is enhanceable. Multiple convictions increase the penalty. A first offense carries a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 30 days nor more than 6 months. At least 48 hours of the jail sentence will be without parole, probation, or suspension of sentence. The balance of the sentence cannot be suspended unless the defendant is placed on supervised probation and ordered to complete a court-approved domestic abuse intervention program and perform 64 hours of community service. The court shall also order that the defendant not own or possess a firearm while on probation.

A second offense increases the fine to a minimum of $750 and the minimum jail sentence to 60 days. 14 days of the sentence must be without parole, probation, or suspension of sentence. The balance may be suspended if the defendant is ordered to complete a domestic abuse intervention program and perform 240 hours of community service.

A third offense is a felony, which carries a penalty of imprisonment with or without hard labor for not less than 1 year nor more than 5 years and a fine of $2,000. The first year of the sentence must be without probation, parole, or suspension of sentence. A fourth or subsequent offense increases the mandatory minimum sentence to 10 years up to 30 years and a fine of $5,000.

There are several other provision of La. R.S. 14:35.9 that increase or alter the penalty:

(1) “When the state proves, in addition to the [other] elements of the crime…that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.'“

(2) If the victim is pregnant, and the defendant knew that the victim was pregnant at the time of the offense, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.”

(3) If the battery involves strangulation, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.”

(4) If the battery involves burning, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.”

(5) If the offender intentionally inflicts serious bodily injury, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.”

(6) If the offender uses a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.”

(7) If the offender intentionally causes serious bodily injury with a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.”

DOMESTIC ABUSE AGGRAVATED ASSAULT

Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member or family member upon another household member or family member. La. R.S. 14:37.7A.

Assault is defined in La. R.S. 14:36 as an “attempt to commit a battery; or the intentional placing of another in reasonable apprehension of receiving a battery.”

“Family member” and “household member” are defined the same way as they are in La. R.S. 14:35.3. The penalty for domestic abuse aggravated assault is imprisonment at hard labor for not less than 1 year nor more than 5 years and a fine of not more than $5,000.

If a child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence is 2 years at hard labor without benefit of probation, parole, or suspension of sentence. La. R.S. 14:37.7D.

AGGRAVATED ASSAULT UPON A DATING PARTNER

Aggravated assault upon a dating partner “is an assault with a dangerous weapon committed by one dating partner upon another dating partner.” La. R.S. 14:34.9.1A.

“Dating partner” is defined in this statute the same way it is defined in battery of a dating partner. The penalty for this offense is imprisonment at hard labor for not less than 1 year nor more than 5 years and a fine of not more than $5,000. La. R.S. 14:34.9.1C.

If a child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence is 2 years at hard labor without benefit of probation, parole, or suspension of sentence. La. R.S. 14:34.91.1D.

If you or someone you know is facing charges related to domestic violence, give us a call at (318) 459-9111 to schedule a consultation.

For our final week, the theme is sex offenses and the Internet:

A. Video voyeurism is any of the following:

(1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:

(a) It is for a lewd or lascivious purpose.

(b) The observing, viewing, photographing, filming, or videotaping is as described in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a reasonable expectation of privacy.

(2) The transfer of an image obtained by activity described in Paragraph (1) of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

(3) The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.

La. R.S. 14:283. A first conviction for this offense carries a fine of not more than $2,000 and/or imprisonment, with or without hard labor, for not more than 2 years. For a second or subsequent violation, the fine will be not more than $2,000 and/or imprisonment at hard labor for not less than 6 months nor more than 3 years without benefit of probation, parole, or suspension of sentence. If the filming is of sexual intercourse, masturbation, or the female breasts, or external sexual organs of either gender, the penalty increases to a fine of not more than $10,000 and/or imprisonment at hard labor for not less than 1 year or more than 5 years without benefit of probation, parole, or suspension of sentence. If the person being filmed is under the age of 17 with the intention of gratifying the sexual desires of the person doing the filming, the penalty is a fine of not more than $10,000 and/or imprisonment for not less than 2 years or more than 10 years, without benefit of probation, parole, or suspension of sentence. La. R.S. 14:283(B).

It is illegal in Louisiana to forward intimate photographs taken of or by another person without that person’s consent:

A. A person commits the offense of nonconsensual disclosure of a private image when all of the following occur:

(1) The person intentionally discloses an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.

(2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.

(3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image.

(4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.

La. R.S. 14:283.2(A). The penalty for violating this statute is a fine of not more than $10,000 and/or imprisonment, with or without hard labor, for not more than 2 years.

A. (1) No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.

(2) No person under the age of seventeen years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.

La. R.S. 14:81.1.1. Violations of Paragraph (1) are governed by the Children’s Code. First offense violations of Paragraph (2) carry a fine of not less than $100 nor more than $250 and imprisonment for not more than 10 days, which shall not be suspended unless the offender is placed on probation with a condition that he perform 16 hours of court-approved community service. A second offense violation carries a fine of not less than $250 nor more than $500 and imprisonment for not less than 10 days nor more than 30 days with the same additional requirements for probation. Finally, a third or subsequent conviction carries a fine of not less than $500 nor more than $750 and imprisonment for not less than 30 days nor more than 6 months with the same probation requirements. La. R.S. 14:81.1.1(D).

Louisiana law prohibits the production, promotion, advertisement, distribution, possession, or possession with intent to distribute pornography involving juveniles; and for a parent, legal guardian, or custodian of a child to consent to the participation of that child in pornography involving juveniles.

E. (1)(a) Whoever intentionally possesses pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.

(b) On a second or subsequent conviction for the intentional possession of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.

(2)(a) Whoever distributes or possesses with the intent to distribute pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.

(b) On a second or subsequent conviction for distributing or possessing with the intent to distribute pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than ten years nor more than forty years, without benefit of parole, probation, or suspension of sentence.

(3) Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.

(4)(a) Whoever engages in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.

(b) On a second or subsequent conviction for promotion, advertisement, or production of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than twenty years nor more than forty years, without benefit of parole, probation, or suspension of sentence.

(5)(a) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (1), (2), or (3) of this Subsection when the victim is under the age of thirteen years and the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than one-half the longest term nor more than twice the longest term of imprisonment provided in Paragraph (1), (2), and (3) of this Subsection. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

(b) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (4) of this Subsection when the victim is under the age of thirteen years, and the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

La. R.S. 14:81.1(E).

Unauthorized use of a wireless router system is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof via any wireless router system for the purposes of uploading, downloading, or selling of pornography involving juveniles as defined in R.S. 14:81.1.

La. R.S. 14:73.8(A). The penalty for violations of this statute are imprisonment at hard labor for not less than 2 years nor more than 10 years without benefit of probation, parole, or suspension of sentence, and a fine of not more than $10,000. If the juveniles depicted in the images are under the age of 13, the penalty increases to a term of imprisonment for not less than 25 years nor more than 99 years at hard labor. At least 25 years of that sentence must be without the benefit of probation, parole, or suspension of sentence.

Computer-aided solicitation of a minor is:

[C]ommitted when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen where there is an age difference of greater than two years, or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of seventeen, or person reasonably believed to have not yet attained the age of seventeen.

(2) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen where there is an age difference of greater than two years, or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger, for the purpose of or with the intent to arrange for any third party to engage in any of the conduct proscribed by the provisions of Paragraph (1) of this Subsection.

(3) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen, or a person reasonably believed to have not yet attained the age of seventeen, for the purpose of recruiting, enticing, or coercing the person to engage in commercial sexual activity.

(4) It shall also be a violation of the provisions of this Section when the contact or communication is initially made through the use of electronic textual communication and subsequent communication is made through the use of any other form of communication.

(5) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly uses another individual who is seventeen years of age or older to contact or communicate with a person who has not yet attained the age of seventeen and there is an age difference of greater than two years between the person contacted and the offender or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger than the offender, for the purpose of or with the intent to engage in any of the conduct proscribed by Paragraph (1) of this Subsection.

B. (1)(a) Whoever violates the provisions of this Section when the victim is thirteen years of age or more but has not attained the age of seventeen shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than five years nor more than ten years, without benefit of parole, probation, or suspension of sentence.

(b) Whoever violates the provisions of this Section when the victim is under thirteen years of age shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence.

(c) Whoever violates the provisions of this Section, when the victim is a person reasonably believed to have not yet attained the age of seventeen, shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than two years nor more than ten years, without benefit of parole, probation, or suspension of sentence.

(d) If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is five years or greater, the offender shall be fined not more than ten thousand dollars and shall be imprisoned, with or without hard labor, for not less than seven years nor more than ten years.

(2) On a subsequent conviction, the offender shall be imprisoned for not less than ten years nor more than twenty years at hard labor without benefit of parole, probation, or suspension of sentence.

(3) In addition to the penalties imposed in either Paragraph (1) or (2) of this Subsection, the court may impose, as an additional penalty on the violator, the limitation or restriction of access to the Internet when the Internet was used in the commission of the crime.

La. R.S. 14:81.3.

If you or someone you know has been accused of a crime and you would like to set up a consult, give us a call at (318) 459-9111.

This week, the theme is the types of communications you should avoid making (at all), but specifically from your phone or (in particular) your social media:

First of all:

A. No person shall:

(1) Engage in or institute a telephone call, telephone conversation, or telephone conference, with another person, or use any telecommunications device to send any text message or other message to another person directly, anonymously or otherwise, and therein use obscene, profane, vulgar, lewd, or lascivious language, or make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass any person.

(2) Make repeated telephone communications or send repeated text messages or other messages using any telecommunications device directly to a person anonymously or otherwise in a manner reasonably expected to abuse, torment, harass, embarrass, or offend another, whether or not conversation ensues.

(3) Make a telephone call and intentionally fail to hang up or disengage the connection.

(4) Engage in a telephone call, conference, or recorded communication by using obscene language or by making a graphic description of a sexual act, or use any telecommunications device to send any text message or other message containing obscene language or any obscene content, anonymously or otherwise, directly to another person, when the offender knows or reasonably should know that such obscene or graphic language is directed to, or will be heard by, a minor. Lack of knowledge of age shall not constitute a defense.

(5) Knowingly permit any telephone or any other telecommunications device under his control to be used for any purpose prohibited by this Section.

La. R.S. 14:285(A). The first violation of this statute is a misdemeanor carrying a penalty of a fine up to $500 and/or imprisonment up to 6 months. The second or subsequent violation carries a potential penalty of a fine of up to $5,000 and/or imprisonment, with or without hard labor, for not more than 2 years.

On a similar vein, Louisiana prohibits Cyberbullying: “the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of 18.” The penalty for this offense is a fine of not more than $500 and/or imprisonment for not more than 6 months.

Cyberstalking, or “action of any person to accomplish any of the following:

(1) Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.

(2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.

(3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify, or harass.

(4) Knowingly permit an electronic communication device under the person's control to be used for the taking of an action in Paragraph (1), (2), or (3) of this Subsection.

La. R.S. 14:40.3(B). A first conviction for cyberstalking will earn you a fine of not more than $2,000 and/or imprisonment for not more than 1 year. A second conviction within 7 years will earn you imprisonment for not less than 180 days and not more than 3 years and a fine of not more than $5,000. A third or subsequent conviction will result in a fine of not more than $5,000 and imprisonment for not less than 2 years nor more than 5 years. La. R.S. 14:40.3(C).

In Louisiana, it is a crime to post video of yourself committing a crime “for the purpose of gaining notoriety, publicity, or the attention of the public.” La. R.S. 107.4(A). The statute explicitly prohibits:

It shall be unlawful for a person who is either a principal or accessory to a crime to obtain an image of the commission of the crime using any camera, videotape, photo-optical, photo-electric, or any other image recording device and to transfer that image obtained during the commission of the crime by the use of a computer online service, Internet service, or any other means of electronic communication, including but not limited to a local bulletin board service, Internet chat room, electronic mail, or online messaging service for the purpose of gaining notoriety, publicity, or the attention of the public.

La. R.S. 14:107.4(A). The penalty for violating this statute is a fine of not more than $500 and/or imprisonment for note more than 6 months; however, if the underlying criminal activity results in the serious bodily injury or death of the victim of the underlying crime, the fine shall be not more than $2,000 and the term of imprisonment, with or without hard labor, not more than 8 years. La. R.S. 14:107.4(B).

Finally, terrorizing, menacing, and communicating of threats of violence:

A. (1) Terrorizing is the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.

(2) Whoever commits the offense of terrorizing shall be fined not more than fifteen thousand dollars or imprisoned with or without hard labor for not more than fifteen years, or both.

B. (1) Menacing is the intentional communication of information that the commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, when committed under any of the following circumstances:

(a) The actions of the offender cause members of the general public to be in sustained fear for their safety, and a reasonable person would have known that such actions could cause such sustained fear.

(b) The actions of the offender cause the evacuation of a building, a public structure, or a facility of transportation, and a reasonable person would have known that such actions could cause an evacuation.

(c) The actions of the offender cause any other serious disruption to the general public, and a reasonable person would have known that such actions could cause serious disruption to the general public.

(2) Whoever commits the offense of menacing shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than two years, or both.

La. R.S. 14:40.1.

A. Communicating of false information of arson or attempted arson is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any threat or false information knowing the same to be false, including bomb threats or threats involving fake explosive devices, concerning an attempt or alleged attempt being made, or to be made, to commit either aggravated or simple arson.

B. Whoever commits the crime of communicating of false information of arson or attempted arson shall be imprisoned at hard labor for not more than fifteen years.

La. R.S. 15:54.1.

A. The communicating of false information of a bombing threat on school property, at a school-sponsored function, or in a firearm-free zone whether or not such threat involves fake explosive devices is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any such threat or false information knowing the same to be false.

B. Whoever commits the crime of communicating of false information of a planned bombing on school property, at a school-sponsored function, or in a firearm-free zone as defined in R.S. 14:95.6(A) shall be imprisoned with or without hard labor for not more than twenty years.

La. R.S. 15:54.6.

Next time: Sex Crimes and the Internet!

If you or someone you know has been accused of a crime and you would like to set up a consult, give us a call at (318) 459-9111.

The Internet is ubiquitous. We use it to talk to our friends, video call our relatives, order our groceries and takeout, and post pictures of every single thing we’ve ever eaten. It is a wonderful tool. But with it comes a whole world of new ways to commit criminal acts. We’ll be spending the next few blog posts discussing the various computer and internet-related crimes that exist in Louisiana and the penalties for committing those crimes as an overview of some laws you may not have know were out there.

Title 14 of the Louisiana Revised Statutes (the criminal law section) has an entire subsection just for Computer Related Crime, so that seems like a good place to start (Note: This isn’t an exhaustive list of every. single. computer-related crime in Title 14, just the ones I particularly thought were interesting or might be relevant to our clients and friends.:

First of all, did you know that Louisiana has a statute prohibiting “offenses against intellectual property”? Specifically, Louisiana Revised Statutes §14:73.2 prohibits the “intentional (1) Destruction, insertion, or modification, without consent, of intellectual property; or (2) Disclosure, use, copying, taking, or accessing, without consent, of intellectual property.” Louisiana also prohibits the “intentional modification or destruction, without consent, of computer equipment or supplies used or intended to be used in a computer, computer system, or computer network.” La. R.S. 14:73.3 “Offenses against computer equipment or supplies.” It is a crime to intentionally deny “to an authorized user, without consent, of the full and effective use or access to a computer, a computer system, a computer network, or computer services.” La. R.S. 14:73.4 “Offenses against computer users.”

The penalty for violating any of these statutes is a fine of up to $500 and imprisonment for not more than 6 months, or both; unless the damage or loss is more than $500, in which case, the penalty goes up to a fine of up to $10,000 and/or imprisonment for not more than 5 years.

Computer fraud is defined as “the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof with the intent to: (1) Defraud; or (2) Obtain money, property, or services by means of false or fraudulent conduct, practices, or representations, or through the fraudulent alteration, deletion, or insertion of programs or data.” The penalty for violating this provision is a fine of not more than $10,000 and/or imprisonment at hard labor for not more than 5 years. La. R.S. 14:73.5.

Computer tampering is “the intentional commission of any of the actions enumerated in this Subsection when that action is taken knowingly and without the authorization of the owner of a computer:

(1) Accessing or causing to be accessed a computer or ay part of a computer or any program or data contained within a computer.

(2) Copying or otherwise obtaining any program or data contained within a computer.

(3) Damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.

(3) Introducing or attempting to introduce any electronic information of any kind and in any form into one or more computers, either directly or indirectly, and either simultaneously or sequentially, with the intention of damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.

La. R.S. 14:73.7(A). The penalty for violating Paragraphs (1) or (2) is a fine of not more than $500 and/or imprisonment for not more than 6 months. The penalty for violating Paragraphs (3) or (4) is a fine of not more than $10,000 and/or imprisonment, with or without hard labor, for not more than 5 years. If the individual violates Paragraphs (3) or (4) with the intention of disrupting vital services or operations of the state or local government or utility company, or with the intention of causing death or great bodily harm to one or more people, the penalty is a fine of not more than $10,000 and/or imprisonment at hard labor for not more than 15 years.

My favorite statute in this part of Title 14 is §73.9 which prohibits the “Criminal use of Internet, virtual, street-map”: “When an Internet, virtual, street-level map is used in the commission of a criminal offense against a person or against property, an additional sentence for a period of not less than one year shall be imposed. The additional penalty…shall be served consecutively with the sentence imposed for the underlying offense.” (emphasis added) (Note: If you need to commit a crime and you aren't sure how to get there, make sure you go to AAA and get a paper map to avoid being charged with this sentencing enhancement!) (When an online map is used in the commission or attempted commission of terrorism (R.S. 14;100.12(1), the additional sentence is 10 years.

Finally, the Louisiana Legislature prohibits “Only Impersonation.”

(1) It shall be unlawful for any person, with the intent to harm, intimidate, threaten, or defraud, to intentionally impersonate another actual person, without the consent of that person, in order to engage in any of the following:

(a) Open an electronic mail account, any other type of account, or a profile on a social networking website or other Internet website.

(b) Post or send one or more messages on or through a social networking website or other Internet website.

(2) It shall be unlawful for any person, with the intent to harm, intimidate, threaten, or defraud, to send an electronic mail, instant message, text message, or other form of electronic communication that references a name, domain address, phone number, or other item of identifying information belonging to another actual person without the consent of that person and with the intent to cause the recipient of that communication to believe that the other person authorized or transmitted the communication."

La. R.S. 14:73.10. The penalty for violating this provision is a fine of not less than $250 nor more than $1,000 and/or imprisonment for not less than 10 days nor more than 6 months.

Next time: Cyberbullying, Terrorizing, etc…

If you or someone you know has been accused of a Computer Related Crime and you would like to set up a consult, give us a call at (318) 459-9111.

Or…do you have to give a breath sample when you’re pulled over for DWI?

The short answer: Yes and no.

Louisiana Revised Statutes §32:661 states: "Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964." La. R.S. § 32:661(A)(1).

The rest of this statute contains the requirements a law enforcement officer must meet (including advising an arrestee of the consequences of submitting to or refusing the requested chemical test for intoxication) in order for the subsequent test to be admissible in court and also for that test to be used to suspend the arrestee’s driver’s license.

In Louisiana, if a person under arrest for DWI who is asked to submit to a chemical test refuses to provide one, her driver’s license will be suspended. For the first refusal, her license will be suspended for 365 days. For the second or subsequent refusal (within 10 years of each other), her license will be suspended for 730 days.

If a person submits to a chemical test and the result is below .08 (for a person 21 years or older) or below .02 (for a person under 21 years old), his license will not be suspended.

If a person 21 years old or older submits to a chemical test for the first time and the result is over .08, depending on the additional circumstances (whether this was a first, second, or subsequent submission to a chemical test within 10 years; whether the results were above .08 or above .20; etc…), his license will be suspended for a period ranging from 90 days to 4 years, depending on the circumstances. (The DMV puts all of their regulations online here and the specific regulation governing chemical tests can be found here.)

Also, any test results that comply with the procedural requirements laid out in Louisiana Revised Statutes, Title 32, Chapter 3, Part XIV, are admissible in court and many allow the State a presumption that the driver whose test results they are was intoxicated at the time she was driving.

The longer answer to the question posed above, then, is that, no, you do not have to give a breath sample when you are arrested for driving while intoxicated; however, there may be serious consequences to your driving privileges if you do not. That said, if you do give a breath sample, there may be serious criminal consequences and consequences to your driving privileges if the results are above the legal limit.

If you or someone you know has been arrested for driving while intoxicated and you would like to schedule a consult, please give us a call at (318) 459-9111.

Since it is the season for holiday parties, it seemed prudent to remind you all that DWI Checkpoints are legal in Louisiana and have been determined to be so by the Louisiana Supreme Court since 2000. In State v. Jackson, 2000-0015 (La. 7/6/00); 764 So.2d 64, the Louisiana Supreme Court found that DWI checkpoints could satisfy the limitations of the Louisiana constitution if they met certain requirements:

[W]e set forth the following guidelines for evaluating whether the checkpoint's intrusiveness will withstand constitutional muster under the Fourth Amendment and Louisiana's Article I, § 5:17

(1) the location, time and duration of a checkpoint, and other regulations for operation of the checkpoint, preferably in written form, established by supervisory or other administrative personnel rather than the field officers implementing the checkpoint;

(2) advance warning to the approaching motorist with signs, flares and other indications to warn of the impending stop in a safe manner and to provide notice of its official nature as a police checkpoint;

(3) detention of the motorist for a minimal length of time; and

(4) use of a systematic nonrandom criteria for stopping motorists.

In evaluating a checkpoint under this test, the guiding principle must be that the procedures utilized curtail the unbridled discretion of the officer in the field. Prouse, 440 U.S. at 662, 99 S.Ct. 1391; **12 Brown, 443 U.S. at 51, 99 S.Ct. 2637.

State v. Jackson, 2000-0015 (La. 7/6/00, 11–12); 764 So.2d 64, 72–73.

Subsequently, the Louisiana Fourth Circuit Court of Appeal held that the act of attempting to avoid a checkpoint was sufficient to establish reasonable suspicion to detain a driver and conduct further investigation.

If you are out celebrating the holidays with friends and loved ones, please drive carefully and safely.

And if you would like to set up a consult, give us a call at (318) 459-9111.

In August 2022, the Legislature added several crimes to those already contained in Louisiana Revised Statutes Title 14, §2, defined as “crimes of violence.” These additions are relevant because designating an offense as a “crime of violence” has implications for a person’s sentence, eligibility for a first offender pardon, ability to expunge his conviction, and many other aspects of the criminal justice system.

Specifically, Act 173 now includes aggravated kidnapping of a child, molestation of a juvenile or a person with a physical or mental disability, and sexual battery of persons with infirmities. La. R.S. 14:2(B). It further clarifies the definitions of “sexual intercourse” for purposes of the definition of “rape.” It also adds a rape committed when engaged in “burglary offenses” a first degree rape pursuant to Louisiana Revised Statutes Title 14, §42. Finally, it adds the language “directly or through clothing,” to both the second degree sexual battery and sexual battery statutes.

Act 75 adds the language “where the violation involves the offender going to the residence or household, school, or place of employment of the person for whose benefit the protective order is in effect while in possession of a firearm” to subsection (C)(1) of Louisiana Revised Statutes Title 14, §79 - Violation of a protective order and makes that behavior a felony. It further defines that behavior as a “crime of violence” pursuant to Louisiana Revised Statutes Title 14, §2.

Finally, Act 129 adds “patient transporter, dietary worker, patient access representative, security personnel, patient relations advocate, or any other person who otherwise assists in or supports the performance of healthcare services,” to those defined as “healthcare professionals” for purposes of the criminal prohibition against "Battery of emergency room personnel, emergency services personnel, or a healthcare professional. La R.S. 14:34.8(B)(3). It also makes the charge enhanceable for second or subsequent offenses and makes it a crime of violence pursuant to Louisiana Revised Statutes Title 14, §2. La. R.S. 14:34.8(C)(1)(b).

This Act also creates the offense of “assault on emergency room personnel, emergency services personnel, or a healthcare professional” which prohibits assaults on the named group of people. La. R.S. 14:38.5(A)(1). It also creates the offense of “Unlawful disruption of the operation of a healthcare facility” which prohibits “the intentional communication of information that the commission of a crime of violence is imminent or in progress, or that a circumstance dangerous to human life exists or is about to exist, when committed under any one or more of the following circumstances:”

“(1) When the offender’s actions cause emergency room personnel, emergency services personnel, or healthcare professionals. at a healthcare facility to be in sustained fear for their safety and a reasonable person would have known that his actions could cause sustained fear.

(2) When the offenders actions cause the evacuation of a healthcare facility and a reasonable person would have known that his actions could cause an evacuation.

(3) When the offender’s actions cause any other serious disruption to the operation of a healthcare facility and a reasonable person would have known that such actions could cause serious disruption to the operation of a healthcare facility.”

La. R.S. 14:40.9(A).

If you or someone you know is facing criminal charges, give us a call at (318) 459-9111 to set up a consultation.

The legislature in its most recent session made two changes to Louisiana Revised Statutes Title 14, §64.2 - Carjacking.

The first change increases the penalty for carjacking when the offense results in serious bodily injury. The penalty, if convicted, is imprisonment at hard labor for not less than 10 years nor more than 20 years without benefit of parole, probation, or suspension of sentence. La. R.S. 14:64.2(B)(2).

The second change creates the offense of Carjacking, recruitment of juveniles - Louisiana Revised Statutes title 14, §64.2.1, which prohibits:

“any person over the age of seventeen to intentionally recruit, entice, aid, solicit, or encourage any child under the age of eighteen to commit the offense of carjacking as defined in R.S. 14:64.2.”

La. R.S. 14:64.2.1(A). The penalty for violating this statute is imprisonment at hard labor for not less than five nor more than 20 years without benefit of probation, parole, or suspension of sentence. La. R.S. 14:64.2(B).

If you or someone you know is facing carjacking charges, give us a call at (318) 459-9111 to schedule a consultation.

Effective August 1, 2022, the Louisiana Legislature amended Louisiana Revised Statutes Title 40, §1021 to exclude from the definition of “drug paraphernalia” the following:

• “rapid fentanyl test strips (FTS) or any testing equipment or devices solely used, intended for use, or designed to determine whether a substance contains fentanyl or its analogues.” (to be cited as “Gabby’s Law”) La. R.S. 40:1021(B)

• “any equipment or devices solely used or intended for use for the inhalation of raw or crude marijuana, tetrahydrocannabinols (sic), or a chemical derivative of tetrahydrocannabinols (sic) when the person is a patient of a state-sponsored medical marijuana program and possesses medical marijuana in a form permissible under R.S. 40:1046 for therapeutic use.” La. R.S. 40:1021(B).

If you or someone you know is facing prosecution for drug paraphernalia charges, give us a call at (318) 459-9111 to schedule a consultation.

During the 2022 Regular Legislative Session, the Louisiana Legislature made a few changes to various criminal offenses as well as a couple of additions.

The legislature amended the penalty provisions of Louisiana Revised Statutes Title 14, §56 - Simple criminal damage to property - to state that when the offense involves “damage to multiple properties by a number of distinct acts of the offender which are part of a continuous sequence of events, the aggregate amount of the damages shall determine the grade of the offense.” La. R.S. 14:56(C).

The legislature amended Louisiana Revised Statutes Title 14, §34.2 - Battery of a police officer and §108.2 - Resisting a police officer with force or violence - to include “juvenile detention facility officers” in its definition of “police officer.” La. R.S. 14:34.2

The legislature amended Louisiana Revised Statutes Title 14, §40.1 - Terrorizing - to add the crime of “Menacing.”

“Menacing is the intentional communication of information that the commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, when committed under any of the following circumstances:

(a) the actions of the offender cause members of the general public to be in sustained fear for their safety, and a reasonable person would have known that such actions could cause such sustained fear.

(b) the actions of the offender cause the evacuation of a building, a public structure, or a facility of transportation, and a reasonable person would have known that such actions could cause an evacuation.

(c) The actions of the offender cause any other serious disruption to the general public, an a reasonable person would have known that such actions could cause serious disruption to the general public.”

La. R.S. 14:40.1(B)(1). The penalty for this offense is a fine of not more than $1,000 and/or imprisonment with or without hard labor for not more than 2 years. La. R.S. 14:40.1(B)(2).

The Louisiana Legislature also added Louisiana Revised Statutes Title 14, §67.12, which criminalizes the “Theft of a catalytic converter or engine control module.”

If you or someone you know is facing criminal prosecution, give us a call at (318) 459-9111 to schedule a consultation.

Effective August 1, 2022, the Louisiana Legislature made some changes to the drug laws.

With regard to marijuana, the legislature enacted Louisiana Code of Criminal Procedure Article 162.4 to state explicitly that the mere odor of marijuana is insufficient to provide probable cause for the search of a person’s home without a warrant. La. C.Cr.P. Art. 162.4

The legislature further enacted La. R.S. 32:300.4.1 which prohibits the smoking or vaping of marijuana in a motor vehicle. The fine for violating this statute is $100. The statute further prohibits officers from using this offense as the primary basis for a traffic stop, and establishes it as a non-moving violation which shall not be reported on a person’s driving record. La. R.S. 32:300.4.1.

The Legislature also re-categorized several controlled substances on the drug schedules, notably moving fentanyl to Schedule I. La. R.S. 40:964.

Finally, the Legislature amended Louisiana Revised Statutes Title 14, §403.10 to provide immunity for prosecution for those seeking medical treatment for an individual believed to be suffering from an overdose for the offense of possession of drug paraphernalia. The change also prohibits individuals from seeking medical treatment for an individual suffering an overdose from violations of probation or parole or civil forfeiture of property.

If you or someone you know is facing prosecution for violations of the controlled dangerous substances laws, give us a call at (318) 459-9111 to schedule a consultation.

The Legislature during the 2022 Regular Session passed several bills that altered the Illegal Carrying of a Weapons statute.

Louisiana Revised Statutes Title 14, §95 prohibits the carrying of a weapon under certain circumstances. Act No. 126, which took effect on May 26, 2022, expanded the exceptions in subsection K. Subsection K previously permitted retired members of the judiciary, retired district attorneys, and retired legislators to carry concealed weapons provided they qualify annually in the use of firearms by the Council on Peace Officer Standards and Training and carry valid identification of their retired status. Act 126 extends this exception to now include retired federal judges, justices, and United States attorneys and assistant United States attorneys, and retired federal investigators.

Effective August 1, 2022, additional exceptions were made to allow “city prosecutors, designated assistant city prosecutors, a United States representative from Louisiana and his designated, employed congressional staffer, a United States senator from Louisiana and his designated, employed congressional staffer” and “retired members of the United States Congress” to carry concealed weapons provided they meet the same training requirements as stated above.

Act 587 further altered 14:95 to repeal the prohibitions against carrying a “switchblade” knife. Finally, Act 465 makes “possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of La. R.S. 14:95(D)” a crime of violence pursuant to La. R.S. 14:2. La. R.S. 14:95(D) states: “If a violation of this Section is committed during the commission of a crime of violence as defined in R.S. 14:2(B), and the defendant has a prior conviction of a crime of violence, then the violation of this Section shall be designated as a crime of violence.” La. R.S. 14:95(D).

If you or someone you know is facing a prosecution for possession of a firearm, give us a call at (318) 459-9111 to schedule a consultation.