Even though the first (official) day of summer won’t be here until the 21st, schools are out and summer travel season is here!

This is your annual reminder that ignorance of the law is not a defense and so you should familiarize yourself with the driving rules of each state (or country) through which you are choosing to drive and stay safe on the highways this summer.

We have decided to take this opportunity to give you all some reminders about some Louisiana state traffic laws you may have forgotten, or that may be more obscure:

The majority of Louisiana’s traffic laws (at least those passed by the state legislature) are located in Title 32 of the Louisiana Revised Statutes. These provisions govern everything from speed limits to the number of lights or reflectors required on your vehicle, to the required amount of liability insurance you must carry while operating a motor vehicle that is registered in Louisiana.

Some lesser known rules of the road in Louisiana follow for your information and entertainment:

Louisiana Revised Statutes 32:284 prohibits, under certain circumstances, a person from riding in horse trailers, on the fender of a vehicle, or in the bed of a truck:

A. No person or persons shall occupy a horse trailer while it is being moved upon a highway of this state.

B. No person shall be allowed to ride on running boards, fenders, tail gates, or rear racks of motor vehicles while moving upon a highway of this state, provided, that this section shall not apply to emergency and public sanitation vehicles.

C. No person or persons under the age of twelve years shall be permitted to be a passenger in the open bed of a truck with a gross weight of six thousand pounds or less, commonly referred to as a pickup truck, or in a utility trailer while moving upon a highway of this state. The provisions of this Subsection shall not apply to a pickup truck traveling not more than fifteen miles per hour while participating in an authorized parade in a controlled situation. The provisions of this Section shall be inapplicable in an emergency situation if the child is accompanied within the truck bed by an adult.

D. No person shall be permitted to be a passenger in the open bed of a truck with a gross weight of six thousand pounds or less, commonly referred to as a pickup truck, while the truck is moving upon an interest highway of this state. The provisions of this Subsection shall be inapplicable in an emergency situation.

La. R.S. 32:284. (Note: “highway” is a defined term in the statute and basically means any public road, not just the interstate highways.)

It is also illegal to follow an emergency vehicle (ambulance, fire truck, or police car, for example) closer than 500 feet or drive into an area or park your vehicle within a block where that emergency vehicle has stopped in answer to an official call. La. R.S. 286.

Hunting or the discharge of firearms on public roads or highways located in this state is hereby prohibited except by law enforcement officers when in the performance of their duties."

La. R.S. 32:292.

It is also illegal to wear headphones while operating a motor vehicle:

The wearing of headphones by any operator of a motor vehicle is hereby prohibited. For purposes of this Section, “headphones” shall mean a headset, headphone, or listening device other than a hearing aid or instrument for the improvement of defective human hearing which covers both ears or which is inserted into both ears. Any headset, headphone, or other listening device which covers or is inserted into only one ear may be used at any time."

La. R.S. 32:295.2(A). Subsection (D) of this statute says, however, that the wearing of headphones on both ears cannot be the sole reason for a traffic stop.

As of August 1, 2022, it is now illegal to smoke marijuana in a moving vehicle. It has been illegal to smoke cigarettes (or cigars, etc…) in a moving vehicle in which a child is also present.

It shall be unlawful for the operator or any passenger in a motor vehicle, while the motor vehicle is being operated on a public highway or right-of-way, to smoke or vape any form of marijuana as defined in R.S. 40:961, or a substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or chemical derivates thereof.

La. R.S. 32:300.4.1(A). A violation of this statute, alone, can not justify a traffic stop, either. La. R.S. 32:300.4.1(D)(1).

A. It shall be unlawful for the operator or any passenger in a motor vehicle to smoke cigarettes, pipes, cigars, or any vaping devices in a motor vehicle, passenger van, or pick-up truck, when a child who is required to be restrained in a rear-facing child safety seat, a forward-facing child seat, a booster seat, or a motor vehicle’s safety belt, as required in R.S. 32:295, is also present in such vehicle, regardless of whether windows of the motor vehicle are down.

…

C. Probable cause for a violation of this Section shall be based solely upon a law enforcement officer’s clear and unobstructed view of a person smoking as prohibited by this Section. Violation of this Section shall be considered a primary offense, and any law enforcement officer may stop a motor vehicle solely because of a violation of this Section; however, a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section.

La. R.S. 32:300.4.

And finally, because many people in my neighborhood Facebook group (and I’m certain some of yours) ask this question regularly: it is illegal to operate a golf cart on the public roads in Louisiana, except under very limited circumstances:

The operation of a golf cart upon the public roads or streets of this state is prohibited, except as otherwise provided in this Subsection:

(1) A golf cart may be operated only upon a parish road that has been designated by a parish or a municipal street that has been designated by a municipality for use by a golf cart. Upon a designation that a golf cart may be operated on a designated road or street, the responsible government entity shall post appropriate signage indicating that such operation is authorized.

(2) A golf cart may be used to cross a part of a state highway where a golf course is constructed on both sides of the state highway if the Department of Transportation and Development has issued a permit for the crossing.

La. R.S. 32:299.4. If the street you are choosing to operate your golf cart on meets the above requirements, there are additional requirements for the golf cart, itself:

C. A golf cart operated on a parish road or municipal street shall be equipped with efficient brakes, a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear of the vehicle. Such golf cart shall also be equipped with headlamps, front and rear turn signal lamps, tail lamps, and brake lamps.

D. Any golf cart operated upon a parish road or municipal street shall be registered with the State of Louisiana through the Department of Public Safety and Corrections, office of motor vehicles, as an off-road vehicle and shall display a decal issued by the office of motor vehicles.

E. No person shall operate a golf cart upon a parish road or municipal street without a valid driver’s license.

F. Any golf cart operated upon a parish road or muncipal street shall have liability insurance with the same minimum limits as required by the provisions of R.S. 32:900(B).

La. R.S. 32:299.4

If you or someone you know is facing a traffic violation this summer and would like to set up a consult, give us a call at (318) 459-9111, and travel safe!

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.

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.

In honor of the 230th anniversary of the ratification of the Bill of Rights and week 8, another criminal defense attorney favorite: the Eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The Eighth Amendment’s short and sweet language is some of the most complicated and has spawned the most litigation in the Supreme Court. The questions of what is excessive, cruel, or unusual have spawned a great deal of litigation and the Court’s decisions on these matters have evolved over time as our society has evolved and changed. Things that were one thought perfectly fine are now considered cruel and unconscionable. This area of the law will continue to change as our society changes what we think constitutes cruelty.

Further reading:

• Kahler v. Kansas, in which the Court answered the question: “May a state abolish the insanity defense without violating the Eighth and Fourteenth Amendments?” Answer: Yes.

• Madison v. Alabama, in which the Court addressed the questions: “(1) Does the Eighth Amendment and the Court’s jurisprudence prohibit a state from executing a prisoner whose mental disability leaves him with no memory of the commission of the capital offense? and (2) Does the Eighth Amendment prohibition of cruel and unusual punishment preclude a state from executing a prisoner who suffers from severe cognitive dysfunction such that he cannot remember the crime for which he was convicted or understand the circumstances of his scheduled execution?” The Court found that: “The Eighth Amendment does not prohibit a state from executing a prisoner who cannot remember committing his crime, but it does prohibit executing a prisoner who cannot rationally understand the reasons for his execution, whether that inability is due to psychosis or dementia.”

• Timbs v. Indiana, in which the Court addressed the question: “Has the Eighth Amendment’s excessive fines clause been incorporated against the states under the Fourteenth Amendment?” Answer: Yes.

• Miller v. Alabama, in which the Court answered the question: “Does the imposition of a life-without-parole sentence on a fourteen-year-old child violate the Eighth and Fourteenth Amendments' prohibition against cruel and unusual punishment?” Answer: Yes.

Slowly but surely, the Louisiana Legislature is taking steps impacting marijuana accessibility to the public. Act 424 of the 2021 Louisiana Regular Legislative Session amended La. R.S. 40:1046.

That statute had previously provided that doctors “in good standing” with the Louisiana State Board of Medical Examiners and licensed to practice in Louisiana could recommend marijuana for use by a patient “clinically diagnosed as suffering from a debilitating medical condition.” The amendments to this statute removed the restriction on marijuana in a form that could be inhaled but limited the amount that could be dispensed by any pharmacy so authorized:

(5)(a) No pharmacy authorized to dispense marijuana for therapeutic use in accordance with the provisions of this Section shall dispense more than to and one-half ounces, or seventy-one grams, of raw or crude marijuana every fourteen days to any individual patient.

(b) No pharmacy authorized to dispense marijuana for therapeutic use in accordance with the provisions of this Section shall dispense raw or crude marijuana. to any person under twenty-one years of age without a recommendation from a physician specifically recommending marijuana in raw or crude form for that person."

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

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.

Act 241 of the 2021 Regular Session of the Louisiana Legislature amended much of Title 56, which governs the Wildlife and Fisheries Commission. Specifically, these amendments removed the potential punishment of imprisonment from violations of various hunting and fishing regulation violations. These amendments also reorganized the violations classes and established administrative procedures for enforcement of violations which could then be punished by civil penalties.

If you or someone you know would like to set up a consult to discuss a hunting or fishing violation, give us a call at (318) 459-9111 to schedule an appointment.

On March 30, 2021, the Federal Bureau of Investigation (FBI) issued a Public Service Announcement advising the public of the criminal consequences of making and/or buying a fraudulent vaccination record.

Because the real vaccination cards carry the seal of the Center for Disease Control and Department of Health and Human Services, 18 USC 1017 criminalizes faking these cards or possessing fake cards:

Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency of the United States, to or upon any certificate, instrument, commission, document, or paper or with knowledge of its fraudulent character, with wrongful or fraudulent intent, uses, buys, procures, sells, or transfers to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined under this title or imprisoned not more than five years, or both.

18 USC 1017 - Government seals wrongfully used and instruments wrongfully sealed. Be careful and stay safe.

If you or someone you know needs a consult, give us a call at (3180 459-9111.

Did you know that Shreveport posts monthly crime statistics on the City’s website?

Shreveport posts a year-to-year comparison of crime statistics on their website at this link. Through the end of June 2021, there has been a 13% decrease in total crime from the same time period in 2020.

If you are interested in learning more about the crime statistics reported to the FBI by the Shreveport Police Department, check out the link above!

As always, if you or someone you know is facing criminal charges and would like to set up a consult, give us a call at (318) 459-9111.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Legislature has now enacted a misdemeanor grade of obstruction of justice. Previously, the lowest penalty for obstruction of justice, even if the obstruction occurred in a misdemeanor case was a fine of not more than ten thousand dollars, imprisonment for not more than five years, with or without hard labor, or both. The change in this law now states:

involves any misdemeanor criminal proceeding that does not involve an intentional misdemeanor directly affecting the person, the offender shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

If you or someone you know has been arrested for obstruction of justice, call us to set up a consult at (318) 459-9111

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has added language to Louisiana Revised Statutes 14:81.3, 81.4, and 283, adding additional offenses.

La. R.S. 14:81.3 now makes it a crime for an individual to use a third (adult) person to contact a juvenile (or person he reasonably believes to be a juvenile) “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...”

La. R.S. 14:81.4 prohibits sexual conduct between educators and students when the student is over the age of 17 (but under the age of 21) and where there is more than a 4-year age difference between the educator and the student. The law previously only provided lewd or lascivious acts in the presence of the student. That language has now been expanded to include “virtual or physical” presence.

Finally, La. R.S. 14:283 now prohibits:

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.

If you or someone you know has been impacted by the changes in these laws, give us a call at (3180 459-9111 to schedule a consult.