Louisiana Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Louisiana criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Louisiana
- How much theft is a felony
- Less than $1,000 — imprisonment for not more than six months, a fine of not more than $1,000, or both (two or more prior theft convictions, or theft of a package delivered to an inhabited dwelling: with or without hard labor for not more than two years, fine not more than $2,000, or both). La. R.S. 14:67(B), (D)
- Stand your ground / duty to retreat
- Louisiana has no duty to retreat. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be has no duty to retreat before using deadly force under the justifiable homicide statute, and may stand his or her ground and meet force with force… La. R.S. 14:19(C)-(D); R.S. 14:20(A)(1)-(2), (C)-(D)
- Criminal statutes of limitations
- No time limit: any crime for which the punishment may be death or life imprisonment; forcible or second degree rape (R.S. 14:42.1); and molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2) (Art. La. C.Cr.P. arts. 571, 572
- Marijuana possession
- Adult-use marijuana is not legal. Possession of 14 grams or less: a fine of not more than $100 for a first or any subsequent conviction, enforced by summons in lieu of custodial arrest. La. R.S. 40:966(C)(2), (F)
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Louisiana's Criminal Code does not group felonies into numbered classes. A 'felony' is any crime for which an offender may be sentenced to death or imprisonment at hard labor; the maximum prison term and fine are set in each offense's own statute (for example, theft of $25,000 or more carries imprisonment at hard labor for not more than 20 years and a fine of not more than $50,000, R.S. 14:67(B)(1)). |
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| Misdemeanor classes and maximum penalties | A 'misdemeanor' is any crime other than a felony. Misdemeanors are not divided into classes; the jail term and fine are set in each offense's statute (for example, theft of less than $1,000: imprisonment for not more than six months, a fine of not more than $1,000, or both, R.S. 14:67(B)(4)(a)). |
| How much theft is a felony | Less than $1,000 — imprisonment for not more than six months, a fine of not more than $1,000, or both (two or more prior theft convictions, or theft of a package delivered to an inhabited dwelling: with or without hard labor for not more than two years, fine not more than $2,000, or both). $1,000 or more but less than $5,000 — with or without hard labor for not more than five years, fine not more than $3,000, or both. $5,000 or more but less than $25,000 — with or without hard labor for not more than ten years, fine not more than $10,000, or both. $25,000 or more — at hard labor for not more than twenty years, fine not more than $50,000, or both. When there are a number of distinct takings, the aggregate amount determines the grade of the offense. Last amended by Acts 2024, No. 267. Source: La. R.S. 14:67(B), (D) |
Self-defense
| Stand your ground / duty to retreat | Louisiana has no duty to retreat. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be has no duty to retreat before using deadly force under the justifiable homicide statute, and may stand his or her ground and meet force with force when using non-deadly force. In deciding whether the person reasonably believed force was necessary, the finder of fact may not consider the possibility of retreat. A homicide is justifiable in self-defense when the person reasonably believes he or she is in imminent danger of losing life or receiving great bodily harm and that the killing is necessary to save himself or herself, or to prevent a violent or forcible felony involving danger to life or great bodily harm. R.S. 14:19: https://legis.la.gov/Legis/Law.aspx?d=78336 (amended by Acts 2026, No. 148). |
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| Castle doctrine (defending your home) | A homicide is justifiable when committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle against a person attempting to make or who has made an unlawful entry, if the person reasonably believes deadly force is necessary to prevent the entry or to compel the intruder to leave; also against a person reasonably believed to be about to use unlawful force against a person present in a dwelling, business or vehicle while committing or attempting a burglary or robbery of it (R.S. 14:20(A)(3)-(4)). Non-deadly force may likewise be used by a person lawfully in a dwelling, business, place of worship or motor vehicle against an unlawful entrant (R.S. 14:19(A)(1)(b)). The person is presumed to have held a reasonable belief that force was necessary if the intruder was unlawfully and forcibly entering or had entered and the person knew or had reason to believe that (R.S. 14:19(B), 14:20(B)). These protections do not apply to a person engaged in acquiring, distributing, or possessing with intent to distribute a controlled dangerous substance. Civil immunity: a person who uses reasonable and apparently necessary force or violence, including deadly force, under R.S. 14:19 or 14:20 to prevent a forcible offense against the person or the person's property is immune from civil action, and a court finding immunity shall award reasonable attorney fees, court costs, lost income and all expenses (R.S. 9:2800.19). R.S. 9:2800.19: https://legis.la.gov/Legis/Law.aspx?d=408383 |
Charges, bail and your lawyer
| Criminal statutes of limitations | No time limit: any crime for which the punishment may be death or life imprisonment; forcible or second degree rape (R.S. 14:42.1); and molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2) (Art. 571). Otherwise prosecution must be instituted within: six years for a felony necessarily punishable by imprisonment at hard labor; four years for a felony not necessarily punishable by imprisonment at hard labor; two years for a misdemeanor punishable by a fine, or imprisonment, or both; six months for a misdemeanor punishable only by a fine or forfeiture (Art. 572(A)). Separate rules apply to certain offenses (Arts. 571.1, 571.2), and a sex-offense prosecution may begin within three years after the offender is identified through DNA or newly discovered photographic or video evidence (Art. 572(B)). Art. 572: https://legis.la.gov/Legis/Law.aspx?d=112622 (amended by Acts 2026, No. 364). Source: La. C.Cr.P. arts. 571, 572 |
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| Bail and pretrial release | A person in custody who has been charged with an offense is entitled to bail before conviction, subject to Articles 312.1, 313 and 313.1 (Art. 312). Bail may be fixed by district courts and their commissioners in any criminal case; by city, parish, municipal and traffic courts in non-capital cases; by mayor's, juvenile and family courts within their trial jurisdiction; and by justices of the peace in cases not capital or punishable at hard labor; the written order sets one type and amount of bail for each charge (Art. 314). A district court may adopt a bail schedule for noncapital felonies, and a district, parish or city court for misdemeanors; a defendant may post scheduled bail or ask for a special order fixing bail (Art. 315). Bail should be fixed in an amount that ensures appearance and the safety of others and the community, considering factors including the seriousness of the offense, the weight of the evidence, criminal record, the defendant's ability to give bail, danger to others, and the type or form of bail (Art. 316). On the prosecutor's motion, a person may be held up to five days (excluding weekends and legal holidays) pending a contradictory hearing, and bail may be denied on clear and convincing evidence of substantial flight risk or imminent danger; a capital defendant is not entitled to bail where the proof is evident and the presumption great; special hearing rules apply to domestic-violence offenses ('Gwen's Law') and repeat child sex offenses (Art. 313). Arts. 312, 313, 315 and 316 were amended by 2026 Acts (Nos. 285, 354, 834); see https://legis.la.gov/Legis/Law.aspx?d=112431 , https://legis.la.gov/Legis/Law.aspx?d=112432 , https://legis.la.gov/Legis/Law.aspx?d=112433 , https://legis.la.gov/Legis/Law.aspx?d=112434 |
| Right to a public defender | The court makes a preliminary determination of indigency no later than arraignment and may review it at any later stage. A person is indigent if unable, without substantial financial hardship to himself or his dependents, to obtain competent, qualified legal representation on his own. Substantial financial hardship is presumed for defendants who receive public assistance (such as food stamps, TANF, Medicaid or disability insurance), live in public housing, earn less than 200% of the Federal Poverty Guideline, are serving a sentence in a correctional institution, or are housed in a mental health facility; others are screened more closely. A person found to be or possibly be indigent applies to the district public defender (or contracted/appointed indigent defense attorney), who verifies economic status. Application fee: a $40 nonrefundable fee paid to the district public defender's office, which may be waived or reduced if the applicant cannot pay; an indigent person may not be denied counsel for failure to pay it. Most recently amended by Acts 2026, No. 769. Source: La. R.S. 15:175 |
Other common questions
| Age of consent | Felony carnal knowledge of a juvenile: a person 17 or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17, when the victim is not the offender's spouse and the difference between their ages is four years or greater; penalty — fine of not more than $5,000, imprisonment with or without hard labor for not more than ten years, or both; lack of knowledge of the juvenile's age is not a defense (R.S. 14:80). Misdemeanor carnal knowledge of a juvenile: offender 17 or older, victim 13 or older but less than 17, and the age difference is greater than two years but less than four years; penalty — fine of not more than $1,000, imprisonment for not more than six months, or both (R.S. 14:80.1). Sexual intercourse with a victim under 13 is first degree rape (R.S. 14:42). R.S. 14:80.1: https://legis.la.gov/Legis/Law.aspx?d=78673 Source: La. R.S. 14:80, 14:80.1, 14:42 |
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| Marijuana possession | Adult-use marijuana is not legal. Possession of 14 grams or less: a fine of not more than $100 for a first or any subsequent conviction, enforced by summons in lieu of custodial arrest. More than 14 grams: first conviction — fine not more than $500, parish jail not more than six months, or both; second — fine not more than $1,000, jail not more than six months, or both; third — imprisonment with or without hard labor for not more than two years and a fine of not more than $2,500; fourth or subsequent — with or without hard labor for not more than eight years, a fine of not more than $5,000, or both. Patients in the state medical marijuana program (and caregivers and certain parents of minor patients) possessing medical marijuana in a permitted form are exempt. Last amended by Acts 2025, No. 233, eff. August 1, 2025. Source: La. R.S. 40:966(C)(2), (F) |
Assault, battery and domestic violence
| Assault | Assault in Louisiana means trying to hit or hurt someone (an attempted battery) or intentionally making someone reasonably afraid they are about to be hit. Simple assault (no dangerous weapon) is punishable by a fine of not more than $200, up to 90 days in jail, or both; against an employee of a regulated establishment, up to $1,000, six months, or both. Assault with a dangerous weapon is aggravated assault: a fine of not more than $1,000, up to six months, or both (at least 120 days, without suspension, when the victim is a store employee and the offender is committing or attempting theft of goods). Louisiana has no felony/misdemeanor classes; each offense statute sets its own penalty. |
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| Battery | Louisiana has a separate battery offense: intentionally using force or violence on another person (or giving them a poison or harmful substance). Simple battery, without the victim's consent, carries a fine of not more than $1,000, up to six months, or both (up to $2,000 and two years, with or without hard labor, when the victim is an employee of a regulated establishment). Battery with a dangerous weapon is aggravated battery, a felony: a fine of not more than $5,000, up to 10 years with or without hard labor, or both. Intentionally causing serious bodily injury is second degree battery: a fine of not more than $2,000, up to eight years with or without hard labor, or both. |
| Domestic violence | Hitting or using force on a family or household member is its own crime, called domestic abuse battery. A first conviction carries a fine of $300 to $1,000 and 30 days to six months in jail (at least 48 hours without suspension); a second, a fine of $750 to $1,000 and 60 days to one year (at least 14 days); a third, one to five years with or without hard labor and a $2,000 fine; a fourth or later, 10 to 30 years at hard labor and a $5,000 fine. Extra prison time is added for strangulation (up to 10 years at hard labor, at least one year without probation or suspension), knowingly attacking a pregnant victim (up to three years), a child 13 or younger present (one to three years for a first offense), serious bodily injury (up to eight years), or a dangerous weapon (up to 10 years). Subsection L (strangulation) was amended in 2026 (Acts 2026, No. 146 and No. 623); the up-to-10-years figure is the current text on the Legislature's site. |
| Harassment and stalking | Stalking (repeatedly following or harassing someone in a way that would alarm a reasonable person) carries, for a first conviction, a fine of $500 to $1,000 and 30 days to one year. It becomes a felony when the victim is placed in reasonable fear of death or bodily injury or a dangerous weapon is used (one to five years), when a protective order is violated (90 days to two years), on a second conviction within seven years (five to 20 years), or a third (10 to 40 years). Online stalking is cyberstalking: first offense up to $2,000 and one year; second within seven years, 180 days to three years. Harassing phone calls, texts or messages: first offense up to $500 and six months; second or later up to $5,000 and two years. |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Shoplifting has no separate statute in Louisiana; it is charged as theft (the old 'theft of goods' section was repealed in 2017). Theft of less than $1,000 is punishable by up to six months in jail, a fine of not more than $1,000, or both. If the person has two or more prior theft convictions, theft under $1,000 is punishable by up to two years (with or without hard labor), a fine of not more than $2,000, or both. The law lets a jury infer intent to steal from a store when someone hides merchandise, switches or removes price tags, repackages goods, or makes a register ring up less than the real price. |
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| Burglary and robbery | Burglary means entering a building, vehicle or other place without permission to commit a felony or theft inside. Simple burglary: a fine of not more than $2,000, up to 12 years with or without hard labor, or both (three to 12 years if armed with a firearm). Burglary of a home (simple burglary of an inhabited dwelling): one to 12 years at hard labor. Aggravated burglary (a person is present and the offender is armed or commits a battery): one to 30 years at hard labor. Robbery is taking property from a person by force or intimidation: simple robbery carries a fine of not more than $3,000, up to seven years, or both; armed robbery (with a dangerous weapon) carries 10 to 99 years at hard labor without parole, probation, or suspension. |
| Vandalism (property damage) | Vandalism is called simple criminal damage to property in Louisiana (intentionally damaging someone else's property, other than by fire or explosion). Damage under $1,000: a fine of not more than $1,000, up to six months, or both. $1,000 to under $50,000: a fine of not more than $1,000, up to two years with or without hard labor, or both. $50,000 or more: a fine of not more than $10,000, one to 10 years with or without hard labor, or both; the court may also order full restitution. Graffiti is a separate crime with its own damage tiers (under $500: up to $500 and six months), plus cleanup or community service. |
| Trespassing | Criminal trespass covers entering a building, vehicle, boat, or land owned by someone else without permission, and staying on property after being told to leave, including squatters who stay after notice or more than five days after a written notice to vacate. Penalties rise with repeat offenses: first offense, a fine of $100 to $500, up to 30 days, or both; second, $300 to $750, up to 90 days, or both; third or later, $500 to $1,000, 60 days to six months, or both, plus forfeiture of seized property. Owners may post notice with signs or purple paint marks. Source: La. R.S. 14:63(A)-(C), (G), (J) |
Drugs and driving crimes
| Drug possession | Drug possession (for example cocaine, methamphetamine, or other Schedule II drugs without a valid prescription) is a felony in Louisiana. Less than two grams: up to two years with or without hard labor and a fine of not more than $5,000; two grams to under 28 grams: one to five years and up to $5,000. Fentanyl or carfentanil under two grams carries two to four years. Possessing drug paraphernalia: a first conviction is a fine of not more than $300, up to 15 days, or both; second, up to $1,000 and six months; third or later, up to $2,500 and two years (marijuana-only paraphernalia is a $100 fine for a first conviction). |
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| Hit and run | Leaving the scene of a crash without stopping, identifying yourself, and giving reasonable aid is called hit-and-run driving. With no death or serious injury: a fine of not more than $500, up to six months, or both (10 days to six months if alcohol or drugs contributed and the driver fled to avoid investigation). If someone was killed or seriously injured and the driver knew or should have known: a fine of not more than $5,000 and two to 10 years with or without hard labor, two years without parole, probation, or suspension. With certain prior DWI or vehicular homicide/injury convictions: five to 20 years. |
| Reckless driving | Reckless driving is called reckless operation of a vehicle in Louisiana: driving a motor vehicle, boat, aircraft or other conveyance in a criminally negligent or reckless manner. It is a misdemeanor. First offense: a fine of not more than $200, up to 90 days in jail, or both, plus an added $5 fine. Second or later offense: a fine of $25 to $500, 10 days to six months, or both, plus an added $10 fine. The section itself does not set license points or suspension. Source: La. R.S. 14:99(A), (B), (C) |
Arrests, court dates and probation
| Resisting arrest | Resisting arrest is called resisting an officer: knowingly interfering with or obstructing an officer making a lawful arrest or detention, including running after being told you are under arrest or giving a false name. Penalty: a fine of not more than $500, up to six months, or both. Resisting with force or violence (threatening or injuring an officer) is a felony: a fine of not more than $2,000, one to three years with or without hard labor, or both. Refusing to stop for police lights and siren is flight from an officer (a fine of $150 to $500, up to six months, or both); if the chase endangers life, aggravated flight carries up to 10 years at hard labor (two to 15 years if someone is seriously injured). |
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| Missing a court date | Missing a court date is called jumping bail in Louisiana: the intentional failure to appear at the date, time, and place ordered by the court where the defendant's case is pending. If the state proves notice was given under Code of Criminal Procedure Articles 322 and 344, notice is presumed and the defendant must show he did not receive it. When the underlying case is a misdemeanor, jumping bail is punishable by imprisonment for not more than six months, a fine of not more than five hundred dollars, or both; when the underlying case is a felony, it is punishable by imprisonment at hard labor for not more than two years. Leaving the state to avoid a court appearance is a separate crime (out-of-state bail jumping, R.S. 14:110.1.1). Out-of-state bail jumping: https://legis.la.gov/Legis/Law.aspx?d=725268 Source: La. R.S. 14:110.1 |
| Probation violation | After an arrest for a probation violation, a defendant held in custody must be brought before the court within thirty days for a hearing; if a summons was issued or the defendant is on bail, the court sets a violation hearing within a reasonable time. The judge decides, and the hearing may be informal or summary. If the court finds the defendant violated (or was about to violate) a condition, it may reprimand and warn, intensify supervision, add conditions, order up to six months in a community rehabilitation center in some cases, or revoke probation, in which case the defendant serves the suspended sentence. For a first 'technical violation' by someone not on probation for a crime of violence or a sex offense, the court may impose not more than ninety days without diminution of sentence and then return the person to probation; new felony arrests, most drug offenses, weapon possession and absconding are not treated as technical violations. Source: La. C.Cr.P. art. 900(A) |
| Obstruction of justice | Obstruction of justice covers acts such as tampering with evidence, using or threatening force to influence testimony, retaliating against a witness, victim, juror or judge, and persuading someone to testify falsely, when done knowing it may affect a criminal proceeding (and, since August 1, 2025, a civil immigration proceeding or an official act of a government agent). The penalty depends on the case obstructed: up to forty years at hard labor and a $100,000 fine when the case could bring death or life imprisonment; up to twenty years at hard labor and $50,000 for other hard-labor cases; up to five years and $10,000 for any other criminal case; and up to six months and $500 for evidence tampering in certain misdemeanor cases. Witness intimidation (intimidating, impeding or injuring a witness or a family member to influence testimony) is a separate crime, punished on the same scale and by up to five years and $5,000 in a civil proceeding. Witness intimidation: https://legis.la.gov/Legis/Law.aspx?d=78305 ; R.S. 14:130.1 last amended by Acts 2025, No. 399, eff. August 1, 2025. |
| Perjury (lying under oath) | Perjury is intentionally making a false statement under oath, known to be false, in a judicial proceeding, before a board or official authorized to take testimony, or before a legislative committee, when it relates to a material issue. It is punished according to the case: in a trial where death or life imprisonment may be imposed, a fine of not more than $100,000 or hard labor for not less than five nor more than forty years, or both; in other hard-labor trials, not more than $50,000 or one to twenty years at hard labor, or both; in all other cases (including civil, administrative and legislative proceedings), not more than $10,000 or up to five years at hard labor, or both. False swearing, a lesser crime, is a knowingly false sworn statement where an oath is required by law outside those proceedings, punishable by a fine of not more than $500, imprisonment for not more than one year, or both. False swearing: https://legis.la.gov/Legis/Law.aspx?d=78293 Source: La. R.S. 14:123; R.S. 14:125 |
Public conduct crimes
| Public intoxication | Louisiana's Criminal Code has no stand-alone public drunkenness crime; instead, 'appearing in an intoxicated condition' in a manner that would foreseeably disturb or alarm the public is one of the listed forms of disturbing the peace. That is punishable by a fine of not more than one hundred dollars, imprisonment for not more than ninety days, or both. Source: La. R.S. 14:103(A)(3), (B)(1) |
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| Disorderly conduct | Disorderly conduct is called disturbing the peace in Louisiana. It covers acts done in a way that would foreseeably disturb or alarm the public, such as fist fights, addressing offensive or derisive words to someone in a public place, appearing intoxicated, violent and tumultuous acts by three or more people, unlawful assemblies, and interrupting a lawful assembly. The basic penalty is a fine of not more than one hundred dollars, imprisonment for not more than ninety days, or both. Disrupting a funeral or funeral route carries up to $500 and six months, and disrupting a worship service (added by Acts 2026, No. 115) carries up to $500 and six months with thirty days served without probation, rising to up to two years if a simple battery or property damage is committed and up to five years if the person is armed with a dangerous weapon. Source: La. R.S. 14:103(A), (B) |
| Indecent exposure | Indecent exposure is part of the crime called obscenity in Louisiana: intentionally exposing the genitals, pubic hair, anus, vulva or female nipples in a public place, in public view, or in a jail, with intent to arouse sexual desire or in a way that appeals to prurient interest or is patently offensive. A first conviction carries a fine of $1,000 to $2,500, imprisonment with or without hard labor for six months to three years, or both; a second conviction carries six months to three years plus an optional fine of $2,500 to $5,000; a third or later conviction carries two to five years. When it is done with or in the presence of an unmarried person under seventeen, the penalty is two to five years without benefit of parole, probation or suspension of sentence, and a fine of up to $10,000. Source: La. R.S. 14:106(A)(1), (G) |
| Prostitution and solicitation | Prostitution is engaging in indiscriminate sexual intercourse for compensation, or soliciting someone to do so. A first offense is punishable by a fine of not more than $500, imprisonment for not more than six months, or both; a second conviction by a fine of $250 to $2,000, up to two years, or both; and a third or later conviction by up to four years and a fine of $500 to $4,000. Buying sex is a separate crime, purchase of commercial sexual activity: a fine of not more than $1,000, up to one year, or both, plus the Buyer Beware Program; a second conviction carries six months to two years (at least six months without probation, parole or suspension). Either offense involving a minor under eighteen carries fifteen to fifty years at hard labor. A child engaged in prostitution is presumed to be a trafficking victim and is exempt from prosecution. Purchase of commercial sexual activity: https://legis.la.gov/Legis/Law.aspx?d=919550 (last amended by Acts 2026, Nos. 361 and 637). |
| Gambling | Under the criminal gambling statute, the following are not gambling when licensed, regulated and conducted on the licensed premises: riverboat gaming, the official gaming establishment, electronic video draw poker, charitable gaming, pari-mutuel wagering, slot machines at eligible horse racing facilities, and the state lottery. Fantasy sports contests (except as provided in R.S. 27:305) and sports wagering conducted in compliance with the Title 27 or Title 47 sports wagering laws are also not gambling. Illegal gambling, meaning intentionally conducting or directly assisting, as a business, a game or contest where people risk something of value to make a profit, is punishable by a fine of not more than $500, imprisonment for not more than six months, or both. Running an illegal gambling business with five or more people that operates for thirty days or more (or takes in $2,000 in a day) is punishable by a fine of up to $20,000, up to five years, or both. Source: La. R.S. 14:90(A), (C), (D), (E) |
Fraud, embezzlement and blackmail
| Embezzlement | Embezzlement is charged as theft in Louisiana: theft is defined as the misappropriation or taking of anything of value belonging to another, without consent or by fraudulent conduct, practices or representations, with intent to deprive the owner permanently. It is graded by value: less than $1,000 is punishable by imprisonment for not more than six months, a fine of not more than $1,000, or both; $1,000 to under $5,000 by up to five years and $3,000; $5,000 to under $25,000 by up to ten years and $10,000; and $25,000 or more by up to twenty years at hard labor and $50,000. When there are a number of distinct takings, the total amount determines the grade. Source: La. R.S. 14:67(A), (B), (D) |
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| Fraud and identity theft | Identity theft is intentionally using, possessing or transferring another person's identifying information (such as a Social Security, driver's license, bank or credit card number) with fraudulent intent to obtain credit, money, goods or services without consent. It is graded by value: less than $300, up to six months and $500; $300 to under $500, up to three years and $3,000; $500 to under $1,000, up to five years and $5,000; and $1,000 or more, up to ten years and $10,000. Minimum prison terms apply when the victim is sixty or older, a person with a disability, or under seventeen, and a third or later conviction carries up to ten years and $20,000. Credit and debit card fraud is charged as access device fraud, graded by value from up to six months and $500 (under $1,000) to up to twenty years at hard labor and $50,000 ($25,000 or more); knowingly possessing fifteen or more counterfeit or misappropriated access devices with intent to defraud is also a crime. Access device fraud: https://legis.la.gov/Legis/Law.aspx?d=78642 (amended by Acts 2025, No. 28). |
| Forgery | Forgery is forging, with intent to defraud, any signature to or part of a writing that purports to have legal effect, or issuing, transferring or possessing with intent to defraud a writing known to be forged. It is punishable by a fine of not more than $5,000, imprisonment with or without hard labor for not more than ten years, or both. Writing a bad check is called issuing worthless checks: issuing a check with intent to defraud knowing there are insufficient funds (or that the account is closed or fictitious). It is graded by amount: less than $1,000, up to six months and $500 (up to two years with two prior theft convictions); more than $1,000 to under $5,000, up to five years; $5,000 to under $25,000, up to ten years; $25,000 or more, up to twenty years at hard labor. Failing to pay within ten days after notice of nonpayment is presumptive evidence of intent to defraud. Worthless checks: https://legis.la.gov/Legis/Law.aspx?d=78645 |
| Blackmail (extortion) | Blackmail is called extortion in Louisiana: communicating threats to another person in order to obtain anything of value or any advantage or immunity. Qualifying threats include threats to injure a person or property, to accuse someone of a crime, to expose a disgrace or a secret, to retaliate for participating in a legal proceeding, to compel a pregnant woman to have an abortion, or to do any other harm. Extortion is punishable by imprisonment at hard labor for not less than one nor more than fifteen years. Last amended by Acts 2025, No. 275, eff. August 1, 2025. Source: La. R.S. 14:66 |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | First-degree murder is a killing with specific intent to kill or cause great bodily harm plus a listed circumstance, such as killing during an armed robbery, aggravated burglary, rape or kidnapping, killing a peace officer or firefighter, killing more than one person, a murder for hire, or killing a victim under 12 or 65 or older. It is punished by death or life imprisonment at hard labor without parole, probation or suspension of sentence if the district attorney seeks a capital verdict, and by life without parole if not. Second-degree murder covers any other killing with specific intent to kill or cause great bodily harm, a killing during certain listed felonies even without intent to kill (Louisiana's felony-murder rule), and a death directly caused by distributing a controlled dangerous substance; it carries mandatory life imprisonment at hard labor without parole, probation or suspension of sentence. Louisiana has no third-degree murder. Second-degree murder: https://legis.la.gov/Legis/Law.aspx?d=78398. Louisiana does not group crimes into classes; any crime punishable by death or imprisonment at hard labor is a felony (R.S. 14:2(A)(4)), and each statute sets its own penalty. |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter covers a killing that would be murder but was committed in sudden passion or heat of blood caused by provocation enough to deprive an average person of self-control, and certain unintended killings during a non-listed felony or an intentional misdemeanor against a person, or from drug distribution that significantly contributes to death. It is punished by imprisonment at hard labor for up to 40 years (10 to 40 years, without probation or suspension, if the victim was under 10). Negligent homicide (a killing by criminal negligence) carries a fine up to $5,000, up to 15 years with or without hard labor, or both (2 to 20 years at hard labor if the victim was under 13). Vehicular homicide, a death caused by a driver who is impaired or at 0.08 BAC or higher, carries a $2,000-$15,000 fine and 5 to 30 years with or without hard labor, at least 3 years of it without probation or parole (at least 5 years if BAC was 0.15 or more or the driver has a prior DWI). Negligent homicide: https://legis.la.gov/Legis/Law.aspx?d=78409; vehicular homicide: https://legis.la.gov/Legis/Law.aspx?d=78410 |
| Child endangerment | Child abuse or neglect is called cruelty to juveniles: intentional or criminally negligent mistreatment or neglect of a child under 17 by someone 17 or older that causes unjustifiable pain or suffering, or exposing a child to a drug lab or drug deals. It is punished by a fine up to $1,000, up to 10 years with or without hard labor, or both (up to 20 years at hard labor when the victim is 8 or younger). Second-degree cruelty to juveniles, which causes serious bodily injury or neurological impairment, carries up to 40 years at hard labor. Contributing to the delinquency of juveniles (enticing or permitting a child under 17 to commit crimes, visit bars, etc.) is generally punishable by a fine up to $500, up to 6 months, or both, with higher penalties for sexually immoral acts (up to 2 years) and for involving a child in a violent or drug felony (2 to 10 years at hard labor, or the sentence for the underlying felony if less). Second-degree cruelty: https://legis.la.gov/Legis/Law.aspx?d=78733; contributing to delinquency: https://legis.la.gov/Legis/Law.aspx?d=78719 |
| Arson | Aggravated arson is intentionally setting fire to (or using explosives on) any structure, watercraft or movable where it is foreseeable that human life might be endangered; it carries 6 to 20 years at hard labor (2 years without parole) and a fine up to $25,000. Simple arson is intentionally burning property of another without consent: damage of $500 or more carries a fine up to $15,000 and up to 15 years at hard labor; damage under $500 carries a fine up to $2,500, up to 5 years with or without hard labor, or both. Arson of a religious building carries 2 to 15 years at hard labor, and arson with intent to defraud (such as an insurer) carries a fine up to $10,000, up to 5 years, or both. Simple arson: https://legis.la.gov/Legis/Law.aspx?d=78556; religious building: https://legis.la.gov/Legis/Law.aspx?d=78557; intent to defraud: https://legis.la.gov/Legis/Law.aspx?d=78558 |
| Human trafficking | Human trafficking is knowingly recruiting, transporting, harboring or obtaining a person through fraud, force or coercion to provide labor or services, or obtaining a person under 21 for commercial sexual activity (force not required). The base penalty is a fine up to $10,000 and up to 10 years at hard labor; when the services include commercial sexual activity it is a fine up to $15,000 and up to 20 years at hard labor; trafficking a person 18 to 20 for sex carries 15 to 50 years at hard labor; trafficking that involves a person under 18 carries 5 to 25 years at hard labor, and trafficking a person under 18 for sex carries life without parole. The separate crime of trafficking of children for sexual purposes carries life imprisonment at hard labor without parole, probation or suspension of sentence for the main offenses. Child sex trafficking: https://legis.la.gov/Legis/Law.aspx?d=670369 |
| Money laundering | Money laundering is graded by the value of the funds: under $3,000 - up to 6 months, a fine up to $1,000, or both; $3,000 to under $20,000 - 2 to 10 years with or without hard labor and a fine up to $10,000; $20,000 to under $100,000 - 2 to 20 years at hard labor and a fine up to $20,000; $100,000 or more - 2 to 50 years at hard labor and a fine up to $50,000. Source: La. R.S. 14:230(E) |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Sharing someone's intimate image without consent is the crime of nonconsensual disclosure of a private image: intentionally disclosing an identifiable image of a person's exposed intimate parts or sexual conduct, obtained without authorization or under circumstances where it was meant to stay private, when the discloser knew or should have known the person did not consent and that it could cause harassment or emotional distress. It is punished by a fine up to $10,000, up to 2 years with or without hard labor, or both. Reports to police, images of voluntary public exposure, and matters of public concern are excepted. Last amended by Acts 2024, Nos. 11, 65 and 431. Source: La. R.S. 14:283.2 |
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| Cyberbullying | Louisiana has a criminal cyberbullying statute: sending any electronic text, image, written or oral communication with the malicious and willful intent to coerce, abuse, torment or intimidate a person under 18. An adult offender faces a fine up to $500, up to 6 months, or both. When the offender is under 18, the case is handled exclusively under the juvenile provisions (Title VII) of the Children's Code. Source: La. R.S. 14:40.7 |
| Sexting by minors | Louisiana has a separate 'sexting' offense for minors. A person under 17 may not knowingly send an indecent picture or video of himself or herself, and may not possess or send such an image sent by another person under 17 (or possess or spread AI-created nude images of someone to coerce or harass them). Sending one's own image (or the AI-image offense) is handled exclusively in juvenile proceedings under Title VII of the Children's Code. Possessing or forwarding another minor's image is punished by a fine of $100 to $250, up to 10 days, or both for a first offense, rising to $500-$750 and 30 days to 6 months for a third or later offense, with mandatory community service if the sentence is suspended. Amended by Acts 2026, No. 782. Source: La. R.S. 14:81.1.1 |
| Underage drinking and fake IDs | It is unlawful for anyone under 21 to buy or publicly possess an alcoholic beverage. The penalty is a fine up to $100 via a citation that is not placed on the person's criminal history record, and the court may suspend the driver's license for 180 days (a hardship license may be allowed for a first conviction). Buying alcohol for someone under 21 (other than a parent, spouse or guardian) carries a fine up to $500, up to 30 days, or both. Possessing a fake ID (a fraudulent identification document) carries a fine up to $500, up to 6 months, or both; making or distributing one carries up to $5,000 and up to 3 years. Purchase for minors: https://legis.la.gov/Legis/Law.aspx?d=78728; fraudulent ID: https://legis.la.gov/Legis/Law.aspx?d=508450 |
| Animal cruelty | Simple cruelty to animals includes intentionally or with criminal negligence tormenting, beating, overworking or abandoning an animal, or failing to give an animal in one's care proper food, water, shelter or veterinary care. A first offense carries a fine up to $1,000, up to 6 months, or both, plus mandatory community service, and the court may ban the person from owning or keeping animals for up to one year; a second or later offense carries a fine of $5,000 to $25,000, 1 to 10 years with or without hard labor, or both, and an ownership ban of up to five years. Aggravated cruelty (torturing, maiming or mutilating an animal, causing unnecessary suffering or death, or neglect that results in death) carries a fine of $5,000 to $25,000, 1 to 10 years with or without hard labor, or both, a required psychological evaluation, and a possible ban on owning animals for up to ten years. Each animal is a separate offense. Source: La. R.S. 14:102.1(A)(2), (B) |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while one's license is suspended, revoked or canceled is a misdemeanor. A driver with a Class D or E (ordinary) license may be fined up to $500, jailed up to 6 months, or both, plus a civil penalty of up to $1,250; for commercial (Class A, B or C) license holders the fine is up to $5,000 and the civil penalty up to $2,500. If the driving happened during conduct that led to a second or later DWI conviction, the penalty is $300-$500 and 7 days to 6 months, with 7 days served consecutively. Any new motor-vehicle conviction during the suspension extends the suspension by one year, and the court may require an ignition interlock in DWI-related cases. Source: La. R.S. 32:415 |
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| Driving without a license | No one may drive on a Louisiana highway without being licensed. Driving unlicensed in a vehicle requiring an ordinary Class D or E license may be punished by a fine up to $500, up to 6 months, or both (up to $5,000 for vehicles requiring a commercial Class A, B or C license); an unlicensed driver in a crash causing serious bodily injury or death faces a fine of $500 to $1,000, up to 6 months, or both. A licensed driver must also have the license in immediate possession and show it to police on request; an officer who confirms a valid license that is simply not being carried issues a written summons. Driver must be licensed: https://legis.la.gov/Legis/Law.aspx?d=88456; carrying the license: https://legis.la.gov/Legis/Law.aspx?d=88392 |
| Open container in a car | Both the driver and passengers are barred from possessing an open alcoholic beverage container, or drinking alcohol, in the passenger area of a motor vehicle on a public highway or right-of-way. The penalty is a fine of up to $100 plus court costs; the person is cited rather than taken into custody, and the violation is not added to the driving record. Paid passengers in buses, taxis and limousines and certain other occupants are excepted, and a locked glove box or the area behind the last upright seat is not part of the passenger area. Larger local governments may set higher fines by ordinance. Source: La. R.S. 32:300 |
| Jaywalking | A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to all vehicles, and between adjacent intersections with working traffic signals pedestrians may cross only in a marked crosswalk. A pedestrian may not suddenly step off the curb into the path of a vehicle too close to stop, and may not start crossing against a 'Don't Walk' signal. Drivers must yield to pedestrians in crosswalks where there are no working signals. Unless another penalty is specified, a first violation of these rules of the road is punishable by a fine of up to $175, up to 30 days, or both (later violations up to $500 and 90 days). Crosswalks: https://legis.la.gov/Legis/Law.aspx?d=108460; pedestrian signals: https://legis.la.gov/Legis/Law.aspx?d=88200; general penalty: https://legis.la.gov/Legis/Law.aspx?d=88472 |
| Knife laws | Louisiana's illegal carrying of weapons statute makes it a crime to intentionally conceal on one's person any firearm 'or other instrumentality customarily used or intended for probable use as a dangerous weapon' (concealed handgun permit holders are exempt), and to possess a dangerous weapon on a school campus or school bus, or in a police station, jail, courthouse or the state capitol. The basic penalty is a fine up to $500, up to 6 months, or both. The current text of R.S. 14:95 does not mention switchblades or other specific knife types or any blade-length limit. Most recently amended by Acts 2026, No. 410. Source: La. R.S. 14:95(A), (B)(1) |
| Fireworks | Only 'permissible fireworks' may be possessed, sold or used: consumer fireworks classified UN0336, 1.4G or 1.4S (such as fountains, sparklers, spinners and other listed items). Retail sales are allowed only from noon June 16 through midnight July 5 and noon December 15 through midnight January 1. Fireworks may not be sold to a child known to be under 15 or to intoxicated persons, set off within 1,000 feet of a church, hospital, school or public building, or ignited in, thrown from or thrown at a motor vehicle (a $500 fine or up to 6 months, or both, for the vehicle offenses). Other violations carry a fine up to $10,000, up to 6 months, or both, and parishes and cities may regulate or ban the sale, use and possession of fireworks. Sale dates: https://legis.la.gov/Legis/Law.aspx?d=104606; minors/discharge: https://legis.la.gov/Legis/Law.aspx?d=104608; penalties: https://legis.la.gov/Legis/Law.aspx?d=104612; local option: https://legis.la.gov/Legis/Law.aspx?d=104615 |
Kidnapping, threats and sex crimes
| Kidnapping | Aggravated kidnapping (seizing, enticing or imprisoning someone to force a ransom or other benefit for their release) is punished by life imprisonment at hard labor without parole, probation or suspension of sentence. Second degree kidnapping (a kidnapping where the victim is used as a shield or hostage or to help commit a felony, is injured or sexually abused, is held 72 hours or more, or the offender is armed) carries 5 to 40 years at hard labor, at least two years without parole, probation or suspension. Simple kidnapping carries up to 5 years with or without hard labor, a fine up to $5,000, or both. False imprisonment (unlawfully confining or detaining someone) carries up to six months, a fine up to $200, or both, and up to 10 years with or without hard labor if the offender is armed with a dangerous weapon. Second degree kidnapping: https://legis.la.gov/Legis/Law.aspx?d=78538; aggravated kidnapping of a child (under 13; life unless returned unharmed): https://legis.la.gov/Legis/Law.aspx?d=78539; simple kidnapping: https://legis.la.gov/Legis/Law.aspx?d=78540; false imprisonment: https://legis.la.gov/Legis/Law.aspx?d=78542, https://legis.la.gov/Legis/Law.aspx?d=78543. The legislature's page notes that R.S. 14:44 was listed in the Unconstitutional Statutes Biennial Report to the Legislature dated March 14, 2016. Louisiana does not group crimes into classes; a crime punishable by death or imprisonment at hard labor is a felony (R.S. 14:2(A)(4)), and each statute sets its own penalty. |
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| Criminal threats (terroristic threats) | Making threats of violence that frighten the public is called terrorizing or menacing in Louisiana. Terrorizing is intentionally communicating that a crime of violence or a danger to life is imminent or in progress, intending to cause sustained public fear, an evacuation of a building or transit facility, or other serious public disruption; it carries a fine up to $15,000, up to 15 years with or without hard labor, or both (5 to 15 years at hard labor without parole, probation or suspension if aimed at school property, a school function or a firearm-free zone). Menacing is the same communication made without that intent but where a reasonable person would have known it could cause fear, evacuation or disruption; it carries a fine up to $1,000, up to 2 years with or without hard labor, or both (2 to 5 years if aimed at a school or firearm-free zone). Last amended by Acts 2026, No. 619. Threatening a public official or law enforcement officer is a separate offense (R.S. 14:122.2). Source: La. R.S. 14:40.1 |
| Sexual assault and rape | Louisiana calls sexual assault rape (first, second and third degree) and sexual battery. First degree rape (rape by force overcoming resistance, by threat of great bodily harm, while armed, of a victim under 13, of a victim 65 or older, by two or more offenders, among other circumstances) carries life imprisonment at hard labor without parole, probation or suspension of sentence. Second degree rape (for example, rape by force or threats where the victim reasonably believes resistance would not prevent it, or after drugging the victim) carries 5 to 40 years at hard labor without parole, probation or suspension. Third degree rape (for example, when the victim is incapacitated by intoxication or the offender acts without the victim's consent) carries up to 25 years at hard labor without parole, probation or suspension. Sexual battery (intentional sexual touching without consent) carries up to 10 years without parole, probation or suspension, and 25 to 99 years when the victim is under 13 and the offender is 17 or older. Sex with a minor who consents is covered by the carnal knowledge laws (see the age-of-consent page). Second degree rape: https://legis.la.gov/Legis/Law.aspx?d=78530; third degree rape: https://legis.la.gov/Legis/Law.aspx?d=78531; sexual battery: https://legis.la.gov/Legis/Law.aspx?d=78532. Older names: aggravated rape = first degree, forcible rape = second degree, simple rape = third degree (for acts on or after Aug. 1, 2015). Louisiana does not group crimes into classes; a crime punishable by death or imprisonment at hard labor is a felony (R.S. 14:2(A)(4)), and each statute sets its own penalty. |
| Child molestation (child sexual abuse) | Sexual abuse of a child is mainly charged as molestation of a juvenile or indecent behavior with juveniles. Molestation of a juvenile (a lewd act by someone over 17 on a child under 17, more than two years younger, using force, intimidation or a position of control) carries 5 to 10 years and/or a fine up to $5,000 when the child is 13 to 16; 10 to 20 years when the offender has control or supervision over the child; 10 to 40 years for a supervisor such as a coach, youth leader or educator; and 25 to 99 years at hard labor (at least 25 without parole, probation or suspension) when the child is under 13. Indecent behavior with juveniles (a lewd act with a child under 17, sending lewd communications to a child, or grooming a child) carries up to 7 years and/or a fine up to $5,000, and 2 to 25 years at hard labor when the child is under 13 and the offender is 17 or older. Felony carnal knowledge of a juvenile (sexual intercourse with consent by someone 17 or older with a 13- to 16-year-old at least four years younger) carries up to 10 years and/or a fine up to $5,000. Indecent behavior with juveniles: https://legis.la.gov/Legis/Law.aspx?d=78674 (last amended by Acts 2025, No. 97); felony carnal knowledge: https://legis.la.gov/Legis/Law.aspx?d=78672. Offenses against victims under 13 by adults 17+ also carry lifetime electronic monitoring after release (R.S. 14:81.2(D)(3)). |
| Child pornography (child sexual abuse material) | Louisiana now calls child pornography 'child sexual abuse materials' (formerly pornography involving juveniles). Intentionally possessing it carries 5 to 20 years at hard labor without parole, probation or suspension and a fine up to $50,000; a second or later conviction carries 10 to 40 years and up to $75,000. Distributing or possessing with intent to distribute carries the same ranges. Producing, promoting or advertising it carries 10 to 20 years at hard labor and up to $50,000 (20 to 40 years and up to $75,000 on a repeat conviction). When the victim is under 13 and the offender is 17 or older, production carries 25 to 99 years, and the other offenses carry a range of one-half to twice the longest term otherwise provided. A minor's consent is not a defense; sexting between minors is handled under a separate statute (R.S. 14:81.1.1). Renamed 'child sexual abuse materials' for acts on or after Aug. 1, 2025 (R.S. 14:81.1(I)). Last amended by Acts 2026, Nos. 65, 211, 600 and 892. Source: La. R.S. 14:81.1(E) |
| Online solicitation of a minor | Using a phone or computer to lure a minor is called computer-aided solicitation of a minor: a person 17 or older knowingly communicating electronically with someone under 17 (more than two years younger), or someone believed to be, to persuade or entice them into sexual conduct or a crime of violence. It carries a fine up to $10,000 and 5 to 10 years at hard labor without parole, probation or suspension when the victim is 13 to 16; 10 to 20 years when the victim is under 13; and 2 to 10 years when the 'victim' is a person reasonably believed to be under 17 (such as an undercover officer). If actual sexual conduct results and the age difference is five years or more, the penalty is 7 to 10 years; a later conviction carries 10 to 20 years at hard labor without parole, probation or suspension. Conviction requires sex offender registration. Source: La. R.S. 14:81.3 |
| Sex offender registration | Adults convicted of (or given deferred adjudication for) a sex offense or a criminal offense against a minor must register as a sex offender or child predator, as must certain juveniles prosecuted as adults and juveniles 14 or older adjudicated for the most serious sex offenses. Registration lasts 15 years from initial registration in Louisiana, 25 years if the offense was against a minor, and for life for aggravated offenses, juveniles adjudicated for the listed offenses, and repeat offenders. Failing to register, update, renew, give notice of an address change, or giving false information carries 2 to 10 years at hard labor without parole, probation or suspension and a fine up to $1,000 on a first conviction, and 5 to 20 years plus a $3,000 fine on a second or later conviction. Who must register: https://legis.la.gov/Legis/Law.aspx?d=79161; failure to register: https://legis.la.gov/Legis/Law.aspx?d=452032. Failing to pay the annual registration fee is a lesser offense (up to $500 and/or six months) on a first conviction (R.S. 15:542.1.4(A)(3)). |
Car theft, stolen property and drugs
| Car theft and joyriding | Car theft is a separate crime called theft of a motor vehicle: taking another's vehicle intending to keep it permanently, keeping a lost or misdelivered vehicle without trying to find the owner, or taking control of a vehicle one knows or should know is stolen. It is graded by value: under $1,000, up to six months, a fine up to $1,000, or both (up to 2 years with two or more prior theft convictions); $1,000 to under $5,000, up to 5 years with or without hard labor and/or a fine up to $3,000; $5,000 to under $25,000, up to 10 years and/or $10,000; $25,000 or more, up to 20 years at hard labor and/or $50,000. Joyriding is called unauthorized use of a motor vehicle (taking or using it without intent to keep it): a fine up to $5,000, up to 2 years with or without hard labor, or both, or up to six months and/or $1,000 if the value is under $1,000. Filing a false stolen-vehicle affidavit carries up to 5 years and/or $5,000. Unauthorized use of a motor vehicle: https://legis.la.gov/Legis/Law.aspx?d=78631. Values from separate takings are added together to set the grade (R.S. 14:67.26(D)). Source: La. R.S. 14:67.26; R.S. 14:68.4 |
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| Receiving stolen property | Receiving stolen goods is called illegal possession of stolen things: intentionally possessing, receiving or concealing anything taken in a robbery or theft when the person knew or had good reason to believe it was stolen. Penalties follow value: under $1,000, up to six months, a fine up to $1,000, or both (up to 2 years and/or $2,000 with two or more prior theft convictions); $1,000 to under $5,000, up to 5 years with or without hard labor and/or $3,000; $5,000 to under $25,000, up to 10 years and/or $10,000; $25,000 or more, up to 20 years at hard labor and/or $50,000. Values from separate acts are added together, and reporting the property in writing to the district attorney within 72 hours of learning it was stolen is an affirmative defense to possession. Possessing stolen firearms is a separate offense (R.S. 14:69.1). Source: La. R.S. 14:69 |
| Organized retail theft | Louisiana has a specific organized retail theft crime: intentionally procuring, receiving or concealing stolen retail merchandise (including gift cards or store credit) with intent to sell, deliver or distribute it. The grade is based on the total value in any 180-day period: under $1,000, up to six months, a fine up to $1,000, or both (up to 2 years and/or $2,000 with two or more prior theft convictions); $1,000 to under $5,000, up to 5 years with or without hard labor and/or $3,000; $5,000 to under $25,000, up to 10 years and/or $10,000; $25,000 or more, up to 20 years at hard labor and/or $50,000. A store owner is presumed to have violated the law if it obtained stolen merchandise more than once in 180 days from an unlicensed seller, a seller who paid no sales tax, or for cash without an invoice. Source: La. R.S. 14:67.25 |
| Drug trafficking and intent to distribute | Louisiana makes it a crime to manufacture, distribute, dispense or possess with intent to distribute a controlled dangerous substance, with penalties set by schedule and weight. For most Schedule II drugs (such as cocaine or methamphetamine), less than 28 grams carries 1 to 10 years with or without hard labor and 28 grams or more carries 1 to 20 years at hard labor, plus a possible fine up to $50,000; manufacturing methamphetamine, cocaine, oxycodone or methadone carries 10 to 30 years at hard labor, at least 10 without parole, probation or suspension. Fentanyl or carfentanil carries 5 to 40 years at hard labor (at least 5 without parole) for under 28 grams, 7 to 40 years for a first conviction of 28 to under 250 grams, 30 to 40 years on a second such conviction and at least 99 years on a third, and life imprisonment (at least 25 years without parole) for 250 grams or more. Schedule I, III, IV and V substances have their own penalty sections. Schedule I (including heroin): R.S. 40:966, https://legis.la.gov/Legis/Law.aspx?d=98880. Distribution to minors, students and in drug-free zones carries added penalties (R.S. 40:981-981.3). Source: La. R.S. 40:967(A)-(B) |
| Prescription drug fraud | It is a crime to obtain a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge, to alter a prescription, to obtain a prescription or prescription blank by fraud, to possess someone else's prescription without consent, or to get controlled-substance prescriptions from one practitioner while being supplied by another without disclosing the existing prescription (doctor shopping). Each is punished by up to 5 years with or without hard labor and a possible fine up to $5,000. Prescribers or pharmacists who prescribe or dispense beyond their authority or for non-medical purposes face the drug-distribution penalties of R.S. 40:966-967. Unlawful prescribing and assisting others to obtain drugs illegally: R.S. 40:971.2, https://legis.la.gov/Legis/Law.aspx?d=321522 Source: La. R.S. 40:971(B)-(C) |
Driving and boating
| Vehicular assault | Injuring someone while driving impaired is called vehicular negligent injuring: causing any injury while operating a motor vehicle, aircraft, watercraft or other conveyance while impaired by alcohol or drugs or with a blood alcohol concentration of 0.08 or more. It carries a fine up to $1,000, up to six months, or both, with mandatory minimum jail of 7 days at 0.15-0.19 BAC and 30 days at 0.20 or more. If the injury is serious bodily injury, the crime is first degree vehicular negligent injuring: a fine up to $5,000, up to 10 years with or without hard labor, or both, and 2 to 10 years (at least 2 without probation, parole or suspension) if BAC was 0.15 or more or the driver has a prior impaired-driving conviction. First degree: https://legis.la.gov/Legis/Law.aspx?d=78502 Source: La. R.S. 14:39.1, 14:39.2 |
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| Street racing | Louisiana bans drag racing, racing, speed contests, exhibitions of speed or acceleration and speed-record attempts on public roads or on public or private property open to the public, and participating in them. Without serious injury, it is punished under the general traffic penalty: up to $175 and/or 30 days for a first violation and up to $500 and/or 90 days for a later one. If serious bodily injury or death is connected to the race, the penalty is a fine of $500 to $2,000, 1 to 5 years with or without hard labor, or both. Police may impound the vehicle at the owner's expense for up to 14 days to gather evidence, and added fines of $10 to $100 apply by offense number. Events sanctioned by local governing authorities are exempt. R.S. 32:57: https://legis.la.gov/Legis/Law.aspx?d=88472. R.S. 32:65 last amended by Acts 2025, No. 194, eff. June 8, 2025. Source: La. R.S. 32:65; R.S. 32:57(A)(1) |
| Boating under the influence (BUI) | Louisiana's impaired-operation law covers boats as well as cars: operating any motor vehicle, aircraft, watercraft, vessel or other conveyance while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more, is the crime of operating a vehicle while impaired. A first offense carries a fine of $300 to $1,000 and 10 days to six months in jail, which may be suspended only with probation conditions such as 48 hours in jail or 32 hours of community service, a substance abuse program and a driver improvement program. Second, third and fourth offenses carry increasing penalties under R.S. 14:98.2-98.4, and having a child 12 or younger on board makes the minimum sentence non-suspendable. First offense penalties: https://legis.la.gov/Legis/Law.aspx?d=78752 |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud (with intent to defraud an insurer, the Department of Insurance, an insured or a claimant, committing a fraudulent insurance act or presenting or helping prepare a claim statement known to contain false, incomplete or fraudulent material information) is a felony punished by up to 5 years with or without hard labor, a fine up to $5,000, or both, on each count. If the benefit involved is $1,000 or less, the maximum is six months and $1,000 per count. The defendant must also repay the insurer any payments not owed plus its costs of investigating and defending the claim, including attorney fees. Knowingly and willfully committing health care fraud is punished the same way. Staging a motor vehicle collision is a separate crime (R.S. 14:68.4.1, 14:68.4.2). Source: La. R.S. 22:1924(A) |
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| Welfare and unemployment fraud | Government benefits fraud (with intent to defraud, making false claims, lying on an application, or concealing facts affecting eligibility for benefits administered by a state agency) is punished by up to 5 years with or without hard labor, a fine up to $10,000, or both. Misusing SNAP (food stamp) benefits or EBT cards (such as selling, buying, or counterfeiting them) carries a fine of $5,000 to $1,000,000, six months to 10 years with or without hard labor, or both, plus mandatory restitution of the benefits' value. Making a false statement or hiding a material fact to get unemployment benefits is a misdemeanor punished by a $50 to $1,000 fine, 30 to 90 days, or both, with each false statement a separate offense; overpaid benefits must be repaid and may be deducted from future benefits. SNAP: https://legis.la.gov/Legis/Law.aspx?d=78629; unemployment false statements: https://legis.la.gov/Legis/Law.aspx?d=83682; unemployment repayment: https://legis.la.gov/Legis/Law.aspx?d=83684. Medicaid fraud is a separate offense (R.S. 14:70.1). |
| Bribery | Public bribery is giving or offering anything of value to a public officer or employee, a juror, a witness, or an elected or appointed official to influence their official conduct; the official's accepting or offering to accept is also public bribery. It is punished by a fine up to $2,000, up to 10 years with or without hard labor, or both, and the court may order restitution to the state; the bribe property can be seized and forfeited. Commercial bribery (paying a private employee, agent or fiduciary without the employer's knowledge to influence their work) is a misdemeanor punished by up to six months, a fine up to $500, or both. Commercial bribery: https://legis.la.gov/Legis/Law.aspx?d=78651. Bribery of sports participants (R.S. 14:118.1) and of parents of school children (R.S. 14:119.1) are separate offenses. Source: La. R.S. 14:118; R.S. 14:73 |
| State tax evasion | Willfully failing to file a required state tax return, filing a false or fraudulent return, willfully failing to pay tax, penalty or interest, or helping someone file a false return, with intent to defraud the state or evade tax, is the crime of tax evasion. When the total actual tax exceeds $1,000, it is punished by a fine up to $2,000, up to 2 years with or without hard labor, or both; all other violations carry a fine up to $1,000, up to 1 year, or both. Applies to taxes under Subtitle II of Title 47. Civil late-filing and fraud penalties are separate. Source: La. R.S. 47:1642 |
| Computer hacking and cybercrime | Hacking is mainly charged as computer tampering: knowingly accessing, copying, damaging or altering a computer or its data without the owner's authorization. Unauthorized access or copying carries up to six months and/or a $500 fine; damaging data, deleting programs or introducing malicious code carries up to 5 years with or without hard labor and/or a $10,000 fine, and up to 15 years at hard labor if intended to disrupt vital government or utility services or to cause death or great bodily harm. Computer fraud (accessing a computer to defraud or obtain money or property) carries up to 5 years and/or a $10,000 fine. Denying an authorized user access to a computer carries up to six months and/or $500, or up to 5 years and/or $10,000 if the loss is $500 or more. Trespass against state computers carries up to 3 years for a first offense and up to 5 years for a repeat. Computer fraud: https://legis.la.gov/Legis/Law.aspx?d=78656; offenses against computer users: https://legis.la.gov/Legis/Law.aspx?d=78655; state computers: https://legis.la.gov/Legis/Law.aspx?d=1147418. Ransomware is not named as a separate offense in these sections. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | It is a crime for a person convicted of certain felonies to possess a firearm or carry a concealed weapon: crimes of violence, burglary offenses, felony drug offenses, sex offenses, bomb and incendiary device offenses and similar listed crimes (including equivalent out-of-state convictions, and some juvenile adjudications for 15- and 16-year-olds until age 22). It carries 5 to 20 years at hard labor without probation, parole or suspension and a fine of $1,000 to $5,000; an attempt carries 1 to 7.5 years. The ban ends if the person has had no felony conviction for 10 years after finishing the sentence, probation or parole. Last amended by Acts 2024, Nos. 56, 63 and 413. A sentence for a violation committed while on probation or parole runs consecutively (R.S. 14:95.1(B)(3)). Source: La. R.S. 14:95.1 |
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| Recording conversations (one-party consent) | Louisiana is a one-party consent state: a person not acting under color of law may record a phone call or in-person conversation if he or she is a party to it, or if one of the parties has given prior consent, unless the recording is made to commit a criminal or tortious act. Willfully intercepting a wire, electronic or oral communication without that consent, or using or disclosing an illegally intercepted communication, carries a fine up to $10,000 and 2 to 10 years at hard labor. Source: La. R.S. 15:1303(A)-(C) |
| Filing a false police report | Making a false report to trigger a police or emergency response (including 'swatting') is called false communication with the intent to cause an emergency response. If no emergency response results, it carries up to six months, a fine up to $500, or both. If a response results, it carries up to 5 years with or without hard labor, a fine of $100 to $1,000, or both; if serious bodily injury results, imprisonment with or without hard labor of 'not less than eight years' (as the statute is worded), a fine of $500 to $2,500, or both; and if a death results, 10 to 40 years at hard labor. The court must also order the offender to repay the cost of the emergency response. Added by Acts 2018, No. 348. False reports of planned arson or bombing are separate offenses (R.S. 14:54.1, 14:54.6), as is filing a false complaint against a law enforcement officer (R.S. 14:133.5). Source: La. R.S. 14:126.1.1 |
| Hate crimes | Louisiana has a hate crime law. It applies when the offender selects the victim of a listed crime (including murder, battery, rape, kidnapping, arson, criminal damage to property, burglary, robbery, theft and others) because of actual or perceived race, age, sex, religion, color, creed, disability, sexual orientation, national origin or ancestry, membership or service in an organization, or employment as a law enforcement officer, firefighter or emergency medical services worker. It adds a consecutive sentence: up to six months and/or a $500 fine when the underlying crime is a misdemeanor, and up to 5 years with or without hard labor and/or a $5,000 fine when it is a felony. Last amended by Acts 2026, No. 814. Source: La. R.S. 14:107.2 |
| Parole violation | Louisiana has ended parole for offenses committed on or after August 1, 2024, except for a few listed categories in R.S. 15:574.4 and 15:574.20. For people on parole, the committee on parole decides revocation after a hearing, at which the parolee may have counsel, admit, deny or explain the violation, and present evidence (unless the hearing is waived in writing). Parole may be revoked if the parolee failed without a satisfactory excuse to meet a condition and the violation involves a new felony or misconduct showing a substantial risk of a new felony or unwillingness to follow conditions; revocation needs two votes of a three-member panel. For technical violations, most parolees serve no more than 90 days for a first, 120 days for a second and 180 days for a third or later revocation, then return to supervision; these caps do not apply to violent or sex offenders. Parole ineligibility: https://legis.la.gov/Legis/Law.aspx?d=79228 (Acts 2024, 2nd Ex. Sess., No. 6; amended by Acts 2026, No. 423). R.S. 15:574.9(F) repealed and (H) revised by Acts 2025, No. 158, eff. June 8, 2025. |
| Violating a restraining order | Willfully disobeying a protective or restraining order is the crime of violation of protective orders. A first conviction carries up to six months, a fine up to $500, or both. A second or later conviction carries 14 days to 2 years with or without hard labor (at least 14 days without parole, probation or suspension) and a fine up to $1,000. If the violation involves a battery or crime of violence against the protected person, or going to the protected person's home, school or workplace while armed with a firearm, the penalty is 3 months to 2 years and up to $1,000 (at least 30 days without benefit), rising to 1 to 5 years and up to $2,000 if the offender has a prior protective-order or assault/battery conviction against that person within five years. Last amended by Acts 2026, No. 140. Courts must order a court-monitored domestic abuse intervention program when part of a repeat-offense sentence is suspended. Source: La. R.S. 14:79(B)-(C) |
| Juveniles tried as adults | In Louisiana, a person who commits an offense at age 17 or older is prosecuted as an adult; since April 19, 2024, juvenile court covers only acts committed before age 17. A child 15 or older charged with first or second degree murder, first degree rape or aggravated kidnapping, or with listed serious felonies (such as attempted murder, manslaughter, armed robbery, aggravated burglary, second or third degree rape and second degree kidnapping), moves to adult criminal court when the district attorney obtains an indictment (or, for the listed felonies, files a bill of information after a probable-cause finding); the district attorney chooses which court. Separately, a juvenile court may, after a hearing, transfer a child 14 or older charged with murder, aggravated kidnapping, first degree rape, aggravated battery or armed robbery with a firearm, or certain second degree rapes; a transferred 14-year-old cannot be confined past age 31. Art. 804: https://legis.la.gov/Legis/Law.aspx?d=73392 (Acts 2024, 2nd Ex. Sess., No. 13, eff. April 19, 2024; also amended by Acts 2026, Nos. 620 and 637); art. 857: https://legis.la.gov/Legis/Law.aspx?d=125593. Art. 305 last amended by Acts 2023, No. 418. |
Death penalty, three strikes and rights after a felony
| Death penalty | Louisiana has the death penalty in its law. First degree murder is punished by death or life imprisonment at hard labor without parole, probation or suspension of sentence when the district attorney seeks a capital verdict (the jury decides between the two); otherwise the sentence is life without parole. The first degree rape statute also lists death or life without parole when the victim was under 13 and the district attorney seeks a capital verdict. Executions take place at the Louisiana State Penitentiary at Angola by one of three methods chosen by the secretary of the Department of Public Safety and Corrections: lethal intravenous injection, nitrogen hypoxia, or electrocution. R.S. 14:42: https://legis.la.gov/Legis/Law.aspx?d=78529; R.S. 15:569 (methods; last amended by Acts 2024, 2nd Ex. Sess., No. 5, eff. July 1, 2024): https://legis.la.gov/Legis/Law.aspx?d=150842. |
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| Three strikes and habitual offender laws | Louisiana's habitual offender law raises the sentence for anyone convicted of a felony after an earlier felony. A second felony: a term of one-third to twice the longest term for a first conviction (two-thirds to three times, without parole, for repeat sex offenses; life without parole if both sex offenses involved victims under 13). A third felony: one-half to twice the longest term, or life without parole if all three are crimes of violence or sex offenses against a minor (in any combination). A fourth or later felony: at least the longest term for a first conviction and at least 20 years, up to life; 20 years to twice the longest term if none of the felonies is a crime of violence or sex offense; and life without parole if the fourth and two of the prior felonies are crimes of violence or sex offenses against a minor. A prior conviction does not count if more than five years (ten years for crimes of violence and sex offenses) passed between completing the earlier sentence and the new offense, not counting time in prison or on probation or parole. Last amended by Acts 2025, No. 246, eff. August 1, 2025. The district attorney starts the process by filing an information accusing the person of a previous conviction (R.S. 15:529.1(D)). Source: La. R.S. 15:529.1(A), (C) |
| Voting with a felony conviction | A person under an order of imprisonment for a felony conviction may not register or vote. However, a person under such an order who has not been incarcerated under it within the last five years is not barred from registering or voting (so many people on probation or parole can vote), unless the felony was election fraud or another election offense. Once the person is no longer under an order of imprisonment, the right returns, but a suspended registration is reinstated only when the person goes to the registrar of voters' office with documentation from the appropriate corrections official showing that he or she is no longer under an order of imprisonment (or has not been incarcerated under it in the last five years). People convicted before the 1974 Constitution took effect who completed their sentences are not barred. R.S. 18:177: https://legis.la.gov/Legis/Law.aspx?d=81503; Const. art. I, §10: https://legis.la.gov/Legis/Law.aspx?d=206275. The five-year rule took effect March 1, 2019 (Acts 2018, No. 636). 'Incarcerated pursuant to the order' includes confinement after a probation or parole revocation (R.S. 18:102(C)). |
| Restoring rights after a felony | Louisiana's Constitution says full rights of citizenship are restored when state and federal supervision ends after a conviction for any offense. A first offender (never before convicted of a felony) is pardoned automatically on completing the sentence, without action by the Board of Pardons or the governor, but only if all court costs for the conviction have been paid; the Division of Probation and Parole issues a certificate stating the person has all rights of citizenship and franchise. Other pardons and commutations are granted by the governor on the recommendation of the Board of Pardons. Firearms are separate: people convicted of the felonies listed in the felon-in-possession law may not possess a firearm until 10 years after completing the sentence, probation or parole, with no felony conviction in that time. R.S. 15:572: https://legis.la.gov/Legis/Law.aspx?d=79202; R.S. 14:95.1: https://legis.la.gov/Legis/Law.aspx?d=78740. A first-offender automatic pardon does not exempt a person from sex offender registration (R.S. 15:572(B)(2)). Voter registration must still be reinstated under R.S. 18:177. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Hemp-derived THC products (called consumable hemp products) are legal only within a regulated system. Processors, wholesalers and retailers need permits, and every product must be registered and approved by the Louisiana Department of Health after independent lab testing. Products may not contain more than 5 milligrams of total THC per serving or 40 milligrams per package (beverages: 5 mg per container of at least 12 ounces, no more than four containers per package; tinctures: 1 mg per 1-milliliter serving). Sales to anyone under 21 are banned, and retailers must check a photo ID. Inhalable products (including vapes), hemp flower for retail use, hemp in alcoholic drinks, and products made with a THC derivative that is not a naturally occurring cannabinoid are banned. Knowing violations carry fines of up to $300, $1,000 and $5,000 for first, second and third convictions. These rules took effect January 1, 2025 (Acts 2024, No. 752). R.S. 3:1481: https://legis.la.gov/Legis/Law.aspx?d=1147992; R.S. 3:1483: https://legis.la.gov/Legis/Law.aspx?d=1147994. 'Total THC' includes tetrahydrocannabinolic acid (THCA) (R.S. 3:1481(12), (14)). Hemp sales are also barred at retail locations that sell motor fuel, with an exemption for certain licensed facilities (R.S. 3:1482(A)(3)). |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn (the active substances in 'magic mushrooms') are Schedule I controlled dangerous substances in Louisiana. Possessing less than 2 grams is punished by up to 2 years in prison, with or without hard labor, and a fine of up to $5,000; 2 grams to less than 28 grams carries 1 to 10 years and a fine of up to $5,000. Possessing 28 grams or more of a Schedule I substance is treated as a distribution violation, which carries 1 to 20 years at hard labor and a fine of up to $50,000. Schedule I list: https://legis.la.gov/Legis/Law.aspx?d=98877. R.S. 40:966 last amended by Acts 2025, No. 233, eff. August 1, 2025. |
| Kratom | Kratom is banned in Louisiana. Mitragynine and 7-hydroxymitragynine are listed in Schedule I, and a separate law makes it a crime to possess, make or sell kratom (any substance from the leaves of the Mitragyna speciosa tree or containing those chemicals). Possessing 20 grams or less carries a fine of up to $100. Possessing more than 20 grams carries up to $500 and/or six months in parish jail on a first conviction, and up to $1,000 and/or six months on a later conviction. Making or distributing it carries 1 to 3 years and/or a fine of up to $50,000 for less than 500 grams, and 1 to 5 years and/or up to $50,000 for 500 grams or more. R.S. 40:966.1 enacted by Acts 2025, No. 41. Schedule I list: https://legis.la.gov/Legis/Law.aspx?d=98877. |
| CBD | Hemp CBD products are legal in Louisiana but are regulated as consumable hemp products (any hemp-derived product with a cannabinoid such as CBD, including pet products). Each product must be registered with and approved by the Louisiana Department of Health, with a lab certificate of analysis, and labels may not make medical claims and must show the THC per serving. Sellers need a permit, may not sell to anyone under 21, and must keep products (other than hemp beverages) where customers cannot reach them without an employee. Retailers may not add hemp products to food or drinks they sell, and inhalable products and hemp flower for retail use are banned. R.S. 3:1481: https://legis.la.gov/Legis/Law.aspx?d=1147992; R.S. 3:1483: https://legis.la.gov/Legis/Law.aspx?d=1147994. The ban on pharmaceutical ingredients other than cannabidiol does not apply to topical products (R.S. 3:1483(B)(5)). This is separate from the state medical marijuana program. |
| Smoking and vaping age | The minimum age to buy tobacco, alternative nicotine products and vapor products (e-cigarettes) in Louisiana is 21. Selling to someone under 21, or an under-21 person buying, is punished by a fine of up to $50 for a first violation, rising to $100, $250 and then $400 for later violations. It is also unlawful for anyone under 21 to possess these products, punished by a fine of up to $50 per violation, except in a private residence, while working, or when a person under 18 is with a parent, spouse or guardian who is 21 or older. Last amended by Acts 2022, No. 34. |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Louisiana's elder abuse crimes protect people 60 or older, as well as people with infirmities and adults with disabilities. Cruelty to the elderly and persons with infirmities (intentional or criminally negligent mistreatment or neglect, including by a caregiver, causing unjustifiable pain or suffering) carries up to 10 years and/or a fine of up to $10,000, with at least one year without parole if intentional and malicious; a second conviction carries 5 to 10 years at hard labor. Second degree cruelty, which causes serious bodily injury, carries up to 40 years at hard labor. Financial exploitation (using an elderly person's money or property without consent or by fraud, or misusing a power of attorney or guardianship) carries up to 10 years and/or a fine of up to $10,000 (second conviction: 1 to 10 years and up to $20,000), plus full restitution and a ban on handling the victim's assets. Simple battery of persons with infirmities carries a fine of up to $500 and 30 days to six months. R.S. 14:93.3.1 (Acts 2026, No. 120): https://legis.la.gov/Legis/Law.aspx?d=1484200; R.S. 14:93.4: https://legis.la.gov/Legis/Law.aspx?d=78736; R.S. 14:35.2: https://legis.la.gov/Legis/Law.aspx?d=78454. |
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| Voyeurism (peeping tom) | Louisiana has three offenses. Video voyeurism (using a camera or drone to watch, photograph or film a person without consent for a lewd purpose or in a private place, or sending such images): first offense up to $2,000 and/or up to 2 years; second offense 6 months to 3 years at hard labor without parole and up to $2,000; 1 to 5 years at hard labor and up to $10,000 when the recording shows nudity or sexual activity; and 2 to 10 years and up to $10,000 when it is of a child under 17 for sexual gratification. These forms of video voyeurism are sex offenses that require sex offender registration. Voyeurism (looking through the doors or windows of a private residence for sexual gratification) carries up to $500 and/or six months, and up to $1,000 and/or one year on a second or later conviction. Being a 'Peeping Tom' carries up to $500 and/or six months, rising to up to $1,000 and/or one year for a third conviction. R.S. 14:283.1: https://legis.la.gov/Legis/Law.aspx?d=285172; R.S. 14:284: https://legis.la.gov/Legis/Law.aspx?d=78392. R.S. 14:283 was last amended by Acts 2026, No. 424 (adding filming of a deceased person's body, R.S. 14:283(A)(4)); registration applies to Paragraphs (A)(1)-(3) (R.S. 14:283(D)). |
| Assaulting a police officer | Battery of a police officer (a battery on someone the offender has reasonable grounds to believe is a police officer on duty, including sheriffs, deputies, marshals, correctional and juvenile detention officers, constables, wildlife agents, park wardens and probation and parole officers, and including throwing liquids or bodily waste) carries up to $500 and 15 days to six months in jail with no suspended sentence. A second offense carries 1 to 3 years and up to $1,000; an injury needing medical attention carries 1 to 5 years and/or up to $1,000 (2 to 5 years and up to $2,000 on a second offense); and an offender in custody faces 1 to 5 years without parole, consecutive to other sentences. By comparison, simple battery carries up to $1,000 and/or six months. Separate laws cover battery of school teachers, correctional facility employees, child welfare workers and sports officials. R.S. 14:35: https://legis.la.gov/Legis/Law.aspx?d=78452; R.S. 14:34.3 (teachers): https://legis.la.gov/Legis/Law.aspx?d=78447; R.S. 14:34.5 (correctional employees): https://legis.la.gov/Legis/Law.aspx?d=78449. R.S. 14:34.2 last amended by Acts 2022, No. 468. Source: La. R.S. 14:34.2; R.S. 14:35 |
Criminal Law FAQ
What are the felony classes and maximum sentences in Louisiana?
Louisiana's Criminal Code does not group felonies into numbered classes. A 'felony' is any crime for which an offender may be sentenced to death or imprisonment at hard labor; the maximum prison term and fine are set in each offense's own statute (for example, theft of $25,000 or more carries imprisonment at hard labor for not more than 20 years and a fine of not more than $50,000, R.S. 14:67(B)(1)).
What are the misdemeanor classes and penalties in Louisiana?
A 'misdemeanor' is any crime other than a felony. Misdemeanors are not divided into classes; the jail term and fine are set in each offense's statute (for example, theft of less than $1,000: imprisonment for not more than six months, a fine of not more than $1,000, or both, R.S. 14:67(B)(4)(a)).
How much do you have to steal for it to be a felony in Louisiana?
Less than $1,000 — imprisonment for not more than six months, a fine of not more than $1,000, or both (two or more prior theft convictions, or theft of a package delivered to an inhabited dwelling: with or without hard labor for not more than two years, fine not more than $2,000, or both). $1,000 or more but less than $5,000 — with or without hard labor for not more than five years, fine not more than $3,000, or both. $5,000 or more but less than $25,000 — with or without hard labor for not more than ten years, fine not more than $10,000, or both. $25,000 or more — at hard labor for not more than twenty years, fine not more than $50,000, or both. When there are a number of distinct takings, the aggregate amount determines the grade of the offense.
Is Louisiana a stand your ground state?
Louisiana has no duty to retreat. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be has no duty to retreat before using deadly force under the justifiable homicide statute, and may stand his or her ground and meet force with force when using non-deadly force. In deciding whether the person reasonably believed force was necessary, the finder of fact may not consider the possibility of retreat. A homicide is justifiable in self-defense when the person reasonably believes he or she is in imminent danger of losing life or receiving great bodily harm and that the killing is necessary to save himself or herself, or to prevent a violent or forcible felony involving danger to life or great bodily harm.
Does Louisiana have a castle doctrine?
A homicide is justifiable when committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle against a person attempting to make or who has made an unlawful entry, if the person reasonably believes deadly force is necessary to prevent the entry or to compel the intruder to leave; also against a person reasonably believed to be about to use unlawful force against a person present in a dwelling, business or vehicle while committing or attempting a burglary or robbery of it (R.S. 14:20(A)(3)-(4)). Non-deadly force may likewise be used by a person lawfully in a dwelling, business, place of worship or motor vehicle against an unlawful entrant (R.S. 14:19(A)(1)(b)). The person is presumed to have held a reasonable belief that force was necessary if the intruder was unlawfully and forcibly entering or had entered and the person knew or had reason to believe that (R.S. 14:19(B), 14:20(B)). These protections do not apply to a person engaged in acquiring, distributing, or possessing with intent to distribute a controlled dangerous substance. Civil immunity: a person who uses reasonable and apparently necessary force or violence, including deadly force, under R.S. 14:19 or 14:20 to prevent a forcible offense against the person or the person's property is immune from civil action, and a court finding immunity shall award reasonable attorney fees, court costs, lost income and all expenses (R.S. 9:2800.19).
What is the statute of limitations for crimes in Louisiana?
No time limit: any crime for which the punishment may be death or life imprisonment; forcible or second degree rape (R.S. 14:42.1); and molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2) (Art. 571). Otherwise prosecution must be instituted within: six years for a felony necessarily punishable by imprisonment at hard labor; four years for a felony not necessarily punishable by imprisonment at hard labor; two years for a misdemeanor punishable by a fine, or imprisonment, or both; six months for a misdemeanor punishable only by a fine or forfeiture (Art. 572(A)). Separate rules apply to certain offenses (Arts. 571.1, 571.2), and a sex-offense prosecution may begin within three years after the offender is identified through DNA or newly discovered photographic or video evidence (Art. 572(B)).
How does bail work in Louisiana?
A person in custody who has been charged with an offense is entitled to bail before conviction, subject to Articles 312.1, 313 and 313.1 (Art. 312). Bail may be fixed by district courts and their commissioners in any criminal case; by city, parish, municipal and traffic courts in non-capital cases; by mayor's, juvenile and family courts within their trial jurisdiction; and by justices of the peace in cases not capital or punishable at hard labor; the written order sets one type and amount of bail for each charge (Art. 314). A district court may adopt a bail schedule for noncapital felonies, and a district, parish or city court for misdemeanors; a defendant may post scheduled bail or ask for a special order fixing bail (Art. 315). Bail should be fixed in an amount that ensures appearance and the safety of others and the community, considering factors including the seriousness of the offense, the weight of the evidence, criminal record, the defendant's ability to give bail, danger to others, and the type or form of bail (Art. 316). On the prosecutor's motion, a person may be held up to five days (excluding weekends and legal holidays) pending a contradictory hearing, and bail may be denied on clear and convincing evidence of substantial flight risk or imminent danger; a capital defendant is not entitled to bail where the proof is evident and the presumption great; special hearing rules apply to domestic-violence offenses ('Gwen's Law') and repeat child sex offenses (Art. 313).
How do you get a public defender in Louisiana?
The court makes a preliminary determination of indigency no later than arraignment and may review it at any later stage. A person is indigent if unable, without substantial financial hardship to himself or his dependents, to obtain competent, qualified legal representation on his own. Substantial financial hardship is presumed for defendants who receive public assistance (such as food stamps, TANF, Medicaid or disability insurance), live in public housing, earn less than 200% of the Federal Poverty Guideline, are serving a sentence in a correctional institution, or are housed in a mental health facility; others are screened more closely. A person found to be or possibly be indigent applies to the district public defender (or contracted/appointed indigent defense attorney), who verifies economic status. Application fee: a $40 nonrefundable fee paid to the district public defender's office, which may be waived or reduced if the applicant cannot pay; an indigent person may not be denied counsel for failure to pay it.
What is the age of consent in Louisiana?
Felony carnal knowledge of a juvenile: a person 17 or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17, when the victim is not the offender's spouse and the difference between their ages is four years or greater; penalty — fine of not more than $5,000, imprisonment with or without hard labor for not more than ten years, or both; lack of knowledge of the juvenile's age is not a defense (R.S. 14:80). Misdemeanor carnal knowledge of a juvenile: offender 17 or older, victim 13 or older but less than 17, and the age difference is greater than two years but less than four years; penalty — fine of not more than $1,000, imprisonment for not more than six months, or both (R.S. 14:80.1). Sexual intercourse with a victim under 13 is first degree rape (R.S. 14:42).
Is marijuana legal in Louisiana?
Adult-use marijuana is not legal. Possession of 14 grams or less: a fine of not more than $100 for a first or any subsequent conviction, enforced by summons in lieu of custodial arrest. More than 14 grams: first conviction — fine not more than $500, parish jail not more than six months, or both; second — fine not more than $1,000, jail not more than six months, or both; third — imprisonment with or without hard labor for not more than two years and a fine of not more than $2,500; fourth or subsequent — with or without hard labor for not more than eight years, a fine of not more than $5,000, or both. Patients in the state medical marijuana program (and caregivers and certain parents of minor patients) possessing medical marijuana in a permitted form are exempt.
Is assault a felony in Louisiana?
Assault in Louisiana means trying to hit or hurt someone (an attempted battery) or intentionally making someone reasonably afraid they are about to be hit. Simple assault (no dangerous weapon) is punishable by a fine of not more than $200, up to 90 days in jail, or both; against an employee of a regulated establishment, up to $1,000, six months, or both. Assault with a dangerous weapon is aggravated assault: a fine of not more than $1,000, up to six months, or both (at least 120 days, without suspension, when the victim is a store employee and the offender is committing or attempting theft of goods). Louisiana has no felony/misdemeanor classes; each offense statute sets its own penalty.
Is battery a felony in Louisiana?
Louisiana has a separate battery offense: intentionally using force or violence on another person (or giving them a poison or harmful substance). Simple battery, without the victim's consent, carries a fine of not more than $1,000, up to six months, or both (up to $2,000 and two years, with or without hard labor, when the victim is an employee of a regulated establishment). Battery with a dangerous weapon is aggravated battery, a felony: a fine of not more than $5,000, up to 10 years with or without hard labor, or both. Intentionally causing serious bodily injury is second degree battery: a fine of not more than $2,000, up to eight years with or without hard labor, or both.
Is domestic violence a felony in Louisiana?
Hitting or using force on a family or household member is its own crime, called domestic abuse battery. A first conviction carries a fine of $300 to $1,000 and 30 days to six months in jail (at least 48 hours without suspension); a second, a fine of $750 to $1,000 and 60 days to one year (at least 14 days); a third, one to five years with or without hard labor and a $2,000 fine; a fourth or later, 10 to 30 years at hard labor and a $5,000 fine. Extra prison time is added for strangulation (up to 10 years at hard labor, at least one year without probation or suspension), knowingly attacking a pregnant victim (up to three years), a child 13 or younger present (one to three years for a first offense), serious bodily injury (up to eight years), or a dangerous weapon (up to 10 years).
What is the penalty for shoplifting in Louisiana?
Shoplifting has no separate statute in Louisiana; it is charged as theft (the old 'theft of goods' section was repealed in 2017). Theft of less than $1,000 is punishable by up to six months in jail, a fine of not more than $1,000, or both. If the person has two or more prior theft convictions, theft under $1,000 is punishable by up to two years (with or without hard labor), a fine of not more than $2,000, or both. The law lets a jury infer intent to steal from a store when someone hides merchandise, switches or removes price tags, repackages goods, or makes a register ring up less than the real price.
What is the difference between burglary and robbery in Louisiana?
Burglary means entering a building, vehicle or other place without permission to commit a felony or theft inside. Simple burglary: a fine of not more than $2,000, up to 12 years with or without hard labor, or both (three to 12 years if armed with a firearm). Burglary of a home (simple burglary of an inhabited dwelling): one to 12 years at hard labor. Aggravated burglary (a person is present and the offender is armed or commits a battery): one to 30 years at hard labor. Robbery is taking property from a person by force or intimidation: simple robbery carries a fine of not more than $3,000, up to seven years, or both; armed robbery (with a dangerous weapon) carries 10 to 99 years at hard labor without parole, probation, or suspension.
Is vandalism a felony in Louisiana?
Vandalism is called simple criminal damage to property in Louisiana (intentionally damaging someone else's property, other than by fire or explosion). Damage under $1,000: a fine of not more than $1,000, up to six months, or both. $1,000 to under $50,000: a fine of not more than $1,000, up to two years with or without hard labor, or both. $50,000 or more: a fine of not more than $10,000, one to 10 years with or without hard labor, or both; the court may also order full restitution. Graffiti is a separate crime with its own damage tiers (under $500: up to $500 and six months), plus cleanup or community service.
Is trespassing a crime in Louisiana?
Criminal trespass covers entering a building, vehicle, boat, or land owned by someone else without permission, and staying on property after being told to leave, including squatters who stay after notice or more than five days after a written notice to vacate. Penalties rise with repeat offenses: first offense, a fine of $100 to $500, up to 30 days, or both; second, $300 to $750, up to 90 days, or both; third or later, $500 to $1,000, 60 days to six months, or both, plus forfeiture of seized property. Owners may post notice with signs or purple paint marks.
What are the penalties for drug possession in Louisiana?
Drug possession (for example cocaine, methamphetamine, or other Schedule II drugs without a valid prescription) is a felony in Louisiana. Less than two grams: up to two years with or without hard labor and a fine of not more than $5,000; two grams to under 28 grams: one to five years and up to $5,000. Fentanyl or carfentanil under two grams carries two to four years. Possessing drug paraphernalia: a first conviction is a fine of not more than $300, up to 15 days, or both; second, up to $1,000 and six months; third or later, up to $2,500 and two years (marijuana-only paraphernalia is a $100 fine for a first conviction).
Is a hit and run a felony in Louisiana?
Leaving the scene of a crash without stopping, identifying yourself, and giving reasonable aid is called hit-and-run driving. With no death or serious injury: a fine of not more than $500, up to six months, or both (10 days to six months if alcohol or drugs contributed and the driver fled to avoid investigation). If someone was killed or seriously injured and the driver knew or should have known: a fine of not more than $5,000 and two to 10 years with or without hard labor, two years without parole, probation, or suspension. With certain prior DWI or vehicular homicide/injury convictions: five to 20 years.
Is reckless driving a crime in Louisiana?
Reckless driving is called reckless operation of a vehicle in Louisiana: driving a motor vehicle, boat, aircraft or other conveyance in a criminally negligent or reckless manner. It is a misdemeanor. First offense: a fine of not more than $200, up to 90 days in jail, or both, plus an added $5 fine. Second or later offense: a fine of $25 to $500, 10 days to six months, or both, plus an added $10 fine. The section itself does not set license points or suspension.
Is harassment a crime in Louisiana?
Stalking (repeatedly following or harassing someone in a way that would alarm a reasonable person) carries, for a first conviction, a fine of $500 to $1,000 and 30 days to one year. It becomes a felony when the victim is placed in reasonable fear of death or bodily injury or a dangerous weapon is used (one to five years), when a protective order is violated (90 days to two years), on a second conviction within seven years (five to 20 years), or a third (10 to 40 years). Online stalking is cyberstalking: first offense up to $2,000 and one year; second within seven years, 180 days to three years. Harassing phone calls, texts or messages: first offense up to $500 and six months; second or later up to $5,000 and two years.
Is resisting arrest a felony in Louisiana?
Resisting arrest is called resisting an officer: knowingly interfering with or obstructing an officer making a lawful arrest or detention, including running after being told you are under arrest or giving a false name. Penalty: a fine of not more than $500, up to six months, or both. Resisting with force or violence (threatening or injuring an officer) is a felony: a fine of not more than $2,000, one to three years with or without hard labor, or both. Refusing to stop for police lights and siren is flight from an officer (a fine of $150 to $500, up to six months, or both); if the chase endangers life, aggravated flight carries up to 10 years at hard labor (two to 15 years if someone is seriously injured).
What happens if you miss a court date in Louisiana?
Missing a court date is called jumping bail in Louisiana: the intentional failure to appear at the date, time, and place ordered by the court where the defendant's case is pending. If the state proves notice was given under Code of Criminal Procedure Articles 322 and 344, notice is presumed and the defendant must show he did not receive it. When the underlying case is a misdemeanor, jumping bail is punishable by imprisonment for not more than six months, a fine of not more than five hundred dollars, or both; when the underlying case is a felony, it is punishable by imprisonment at hard labor for not more than two years. Leaving the state to avoid a court appearance is a separate crime (out-of-state bail jumping, R.S. 14:110.1.1).
What happens if you violate probation in Louisiana?
After an arrest for a probation violation, a defendant held in custody must be brought before the court within thirty days for a hearing; if a summons was issued or the defendant is on bail, the court sets a violation hearing within a reasonable time. The judge decides, and the hearing may be informal or summary. If the court finds the defendant violated (or was about to violate) a condition, it may reprimand and warn, intensify supervision, add conditions, order up to six months in a community rehabilitation center in some cases, or revoke probation, in which case the defendant serves the suspended sentence. For a first 'technical violation' by someone not on probation for a crime of violence or a sex offense, the court may impose not more than ninety days without diminution of sentence and then return the person to probation; new felony arrests, most drug offenses, weapon possession and absconding are not treated as technical violations.
Is obstruction of justice a felony in Louisiana?
Obstruction of justice covers acts such as tampering with evidence, using or threatening force to influence testimony, retaliating against a witness, victim, juror or judge, and persuading someone to testify falsely, when done knowing it may affect a criminal proceeding (and, since August 1, 2025, a civil immigration proceeding or an official act of a government agent). The penalty depends on the case obstructed: up to forty years at hard labor and a $100,000 fine when the case could bring death or life imprisonment; up to twenty years at hard labor and $50,000 for other hard-labor cases; up to five years and $10,000 for any other criminal case; and up to six months and $500 for evidence tampering in certain misdemeanor cases. Witness intimidation (intimidating, impeding or injuring a witness or a family member to influence testimony) is a separate crime, punished on the same scale and by up to five years and $5,000 in a civil proceeding.
Is perjury a felony in Louisiana?
Perjury is intentionally making a false statement under oath, known to be false, in a judicial proceeding, before a board or official authorized to take testimony, or before a legislative committee, when it relates to a material issue. It is punished according to the case: in a trial where death or life imprisonment may be imposed, a fine of not more than $100,000 or hard labor for not less than five nor more than forty years, or both; in other hard-labor trials, not more than $50,000 or one to twenty years at hard labor, or both; in all other cases (including civil, administrative and legislative proceedings), not more than $10,000 or up to five years at hard labor, or both. False swearing, a lesser crime, is a knowingly false sworn statement where an oath is required by law outside those proceedings, punishable by a fine of not more than $500, imprisonment for not more than one year, or both.
Is public intoxication a crime in Louisiana?
Louisiana's Criminal Code has no stand-alone public drunkenness crime; instead, 'appearing in an intoxicated condition' in a manner that would foreseeably disturb or alarm the public is one of the listed forms of disturbing the peace. That is punishable by a fine of not more than one hundred dollars, imprisonment for not more than ninety days, or both.
What is a disorderly conduct charge in Louisiana?
Disorderly conduct is called disturbing the peace in Louisiana. It covers acts done in a way that would foreseeably disturb or alarm the public, such as fist fights, addressing offensive or derisive words to someone in a public place, appearing intoxicated, violent and tumultuous acts by three or more people, unlawful assemblies, and interrupting a lawful assembly. The basic penalty is a fine of not more than one hundred dollars, imprisonment for not more than ninety days, or both. Disrupting a funeral or funeral route carries up to $500 and six months, and disrupting a worship service (added by Acts 2026, No. 115) carries up to $500 and six months with thirty days served without probation, rising to up to two years if a simple battery or property damage is committed and up to five years if the person is armed with a dangerous weapon.
What is the penalty for indecent exposure in Louisiana?
Indecent exposure is part of the crime called obscenity in Louisiana: intentionally exposing the genitals, pubic hair, anus, vulva or female nipples in a public place, in public view, or in a jail, with intent to arouse sexual desire or in a way that appeals to prurient interest or is patently offensive. A first conviction carries a fine of $1,000 to $2,500, imprisonment with or without hard labor for six months to three years, or both; a second conviction carries six months to three years plus an optional fine of $2,500 to $5,000; a third or later conviction carries two to five years. When it is done with or in the presence of an unmarried person under seventeen, the penalty is two to five years without benefit of parole, probation or suspension of sentence, and a fine of up to $10,000.
Is prostitution illegal in Louisiana?
Prostitution is engaging in indiscriminate sexual intercourse for compensation, or soliciting someone to do so. A first offense is punishable by a fine of not more than $500, imprisonment for not more than six months, or both; a second conviction by a fine of $250 to $2,000, up to two years, or both; and a third or later conviction by up to four years and a fine of $500 to $4,000. Buying sex is a separate crime, purchase of commercial sexual activity: a fine of not more than $1,000, up to one year, or both, plus the Buyer Beware Program; a second conviction carries six months to two years (at least six months without probation, parole or suspension). Either offense involving a minor under eighteen carries fifteen to fifty years at hard labor. A child engaged in prostitution is presumed to be a trafficking victim and is exempt from prosecution.
Is gambling legal in Louisiana?
Under the criminal gambling statute, the following are not gambling when licensed, regulated and conducted on the licensed premises: riverboat gaming, the official gaming establishment, electronic video draw poker, charitable gaming, pari-mutuel wagering, slot machines at eligible horse racing facilities, and the state lottery. Fantasy sports contests (except as provided in R.S. 27:305) and sports wagering conducted in compliance with the Title 27 or Title 47 sports wagering laws are also not gambling. Illegal gambling, meaning intentionally conducting or directly assisting, as a business, a game or contest where people risk something of value to make a profit, is punishable by a fine of not more than $500, imprisonment for not more than six months, or both. Running an illegal gambling business with five or more people that operates for thirty days or more (or takes in $2,000 in a day) is punishable by a fine of up to $20,000, up to five years, or both.
Is embezzlement a felony in Louisiana?
Embezzlement is charged as theft in Louisiana: theft is defined as the misappropriation or taking of anything of value belonging to another, without consent or by fraudulent conduct, practices or representations, with intent to deprive the owner permanently. It is graded by value: less than $1,000 is punishable by imprisonment for not more than six months, a fine of not more than $1,000, or both; $1,000 to under $5,000 by up to five years and $3,000; $5,000 to under $25,000 by up to ten years and $10,000; and $25,000 or more by up to twenty years at hard labor and $50,000. When there are a number of distinct takings, the total amount determines the grade.
Is identity theft a felony in Louisiana?
Identity theft is intentionally using, possessing or transferring another person's identifying information (such as a Social Security, driver's license, bank or credit card number) with fraudulent intent to obtain credit, money, goods or services without consent. It is graded by value: less than $300, up to six months and $500; $300 to under $500, up to three years and $3,000; $500 to under $1,000, up to five years and $5,000; and $1,000 or more, up to ten years and $10,000. Minimum prison terms apply when the victim is sixty or older, a person with a disability, or under seventeen, and a third or later conviction carries up to ten years and $20,000. Credit and debit card fraud is charged as access device fraud, graded by value from up to six months and $500 (under $1,000) to up to twenty years at hard labor and $50,000 ($25,000 or more); knowingly possessing fifteen or more counterfeit or misappropriated access devices with intent to defraud is also a crime.
Is forgery a felony in Louisiana?
Forgery is forging, with intent to defraud, any signature to or part of a writing that purports to have legal effect, or issuing, transferring or possessing with intent to defraud a writing known to be forged. It is punishable by a fine of not more than $5,000, imprisonment with or without hard labor for not more than ten years, or both. Writing a bad check is called issuing worthless checks: issuing a check with intent to defraud knowing there are insufficient funds (or that the account is closed or fictitious). It is graded by amount: less than $1,000, up to six months and $500 (up to two years with two prior theft convictions); more than $1,000 to under $5,000, up to five years; $5,000 to under $25,000, up to ten years; $25,000 or more, up to twenty years at hard labor. Failing to pay within ten days after notice of nonpayment is presumptive evidence of intent to defraud.
Is blackmail illegal in Louisiana?
Blackmail is called extortion in Louisiana: communicating threats to another person in order to obtain anything of value or any advantage or immunity. Qualifying threats include threats to injure a person or property, to accuse someone of a crime, to expose a disgrace or a secret, to retaliate for participating in a legal proceeding, to compel a pregnant woman to have an abortion, or to do any other harm. Extortion is punishable by imprisonment at hard labor for not less than one nor more than fifteen years.
What is the difference between first and second degree murder in Louisiana?
First-degree murder is a killing with specific intent to kill or cause great bodily harm plus a listed circumstance, such as killing during an armed robbery, aggravated burglary, rape or kidnapping, killing a peace officer or firefighter, killing more than one person, a murder for hire, or killing a victim under 12 or 65 or older. It is punished by death or life imprisonment at hard labor without parole, probation or suspension of sentence if the district attorney seeks a capital verdict, and by life without parole if not. Second-degree murder covers any other killing with specific intent to kill or cause great bodily harm, a killing during certain listed felonies even without intent to kill (Louisiana's felony-murder rule), and a death directly caused by distributing a controlled dangerous substance; it carries mandatory life imprisonment at hard labor without parole, probation or suspension of sentence. Louisiana has no third-degree murder.
What is the sentence for manslaughter in Louisiana?
Manslaughter covers a killing that would be murder but was committed in sudden passion or heat of blood caused by provocation enough to deprive an average person of self-control, and certain unintended killings during a non-listed felony or an intentional misdemeanor against a person, or from drug distribution that significantly contributes to death. It is punished by imprisonment at hard labor for up to 40 years (10 to 40 years, without probation or suspension, if the victim was under 10). Negligent homicide (a killing by criminal negligence) carries a fine up to $5,000, up to 15 years with or without hard labor, or both (2 to 20 years at hard labor if the victim was under 13). Vehicular homicide, a death caused by a driver who is impaired or at 0.08 BAC or higher, carries a $2,000-$15,000 fine and 5 to 30 years with or without hard labor, at least 3 years of it without probation or parole (at least 5 years if BAC was 0.15 or more or the driver has a prior DWI).
Is child endangerment a felony in Louisiana?
Child abuse or neglect is called cruelty to juveniles: intentional or criminally negligent mistreatment or neglect of a child under 17 by someone 17 or older that causes unjustifiable pain or suffering, or exposing a child to a drug lab or drug deals. It is punished by a fine up to $1,000, up to 10 years with or without hard labor, or both (up to 20 years at hard labor when the victim is 8 or younger). Second-degree cruelty to juveniles, which causes serious bodily injury or neurological impairment, carries up to 40 years at hard labor. Contributing to the delinquency of juveniles (enticing or permitting a child under 17 to commit crimes, visit bars, etc.) is generally punishable by a fine up to $500, up to 6 months, or both, with higher penalties for sexually immoral acts (up to 2 years) and for involving a child in a violent or drug felony (2 to 10 years at hard labor, or the sentence for the underlying felony if less).
Is arson a felony in Louisiana?
Aggravated arson is intentionally setting fire to (or using explosives on) any structure, watercraft or movable where it is foreseeable that human life might be endangered; it carries 6 to 20 years at hard labor (2 years without parole) and a fine up to $25,000. Simple arson is intentionally burning property of another without consent: damage of $500 or more carries a fine up to $15,000 and up to 15 years at hard labor; damage under $500 carries a fine up to $2,500, up to 5 years with or without hard labor, or both. Arson of a religious building carries 2 to 15 years at hard labor, and arson with intent to defraud (such as an insurer) carries a fine up to $10,000, up to 5 years, or both.
Is animal cruelty a felony in Louisiana?
Simple cruelty to animals includes intentionally or with criminal negligence tormenting, beating, overworking or abandoning an animal, or failing to give an animal in one's care proper food, water, shelter or veterinary care. A first offense carries a fine up to $1,000, up to 6 months, or both, plus mandatory community service, and the court may ban the person from owning or keeping animals for up to one year; a second or later offense carries a fine of $5,000 to $25,000, 1 to 10 years with or without hard labor, or both, and an ownership ban of up to five years. Aggravated cruelty (torturing, maiming or mutilating an animal, causing unnecessary suffering or death, or neglect that results in death) carries a fine of $5,000 to $25,000, 1 to 10 years with or without hard labor, or both, a required psychological evaluation, and a possible ban on owning animals for up to ten years. Each animal is a separate offense.
Is revenge porn illegal in Louisiana?
Yes. Sharing someone's intimate image without consent is the crime of nonconsensual disclosure of a private image: intentionally disclosing an identifiable image of a person's exposed intimate parts or sexual conduct, obtained without authorization or under circumstances where it was meant to stay private, when the discloser knew or should have known the person did not consent and that it could cause harassment or emotional distress. It is punished by a fine up to $10,000, up to 2 years with or without hard labor, or both. Reports to police, images of voluntary public exposure, and matters of public concern are excepted.
Is cyberbullying a crime in Louisiana?
Louisiana has a criminal cyberbullying statute: sending any electronic text, image, written or oral communication with the malicious and willful intent to coerce, abuse, torment or intimidate a person under 18. An adult offender faces a fine up to $500, up to 6 months, or both. When the offender is under 18, the case is handled exclusively under the juvenile provisions (Title VII) of the Children's Code.
What are the sexting laws for minors in Louisiana?
Louisiana has a separate 'sexting' offense for minors. A person under 17 may not knowingly send an indecent picture or video of himself or herself, and may not possess or send such an image sent by another person under 17 (or possess or spread AI-created nude images of someone to coerce or harass them). Sending one's own image (or the AI-image offense) is handled exclusively in juvenile proceedings under Title VII of the Children's Code. Possessing or forwarding another minor's image is punished by a fine of $100 to $250, up to 10 days, or both for a first offense, rising to $500-$750 and 30 days to 6 months for a third or later offense, with mandatory community service if the sentence is suspended.
Is money laundering a felony in Louisiana?
Money laundering is graded by the value of the funds: under $3,000 - up to 6 months, a fine up to $1,000, or both; $3,000 to under $20,000 - 2 to 10 years with or without hard labor and a fine up to $10,000; $20,000 to under $100,000 - 2 to 20 years at hard labor and a fine up to $20,000; $100,000 or more - 2 to 50 years at hard labor and a fine up to $50,000.
What are the human trafficking laws in Louisiana?
Human trafficking is knowingly recruiting, transporting, harboring or obtaining a person through fraud, force or coercion to provide labor or services, or obtaining a person under 21 for commercial sexual activity (force not required). The base penalty is a fine up to $10,000 and up to 10 years at hard labor; when the services include commercial sexual activity it is a fine up to $15,000 and up to 20 years at hard labor; trafficking a person 18 to 20 for sex carries 15 to 50 years at hard labor; trafficking that involves a person under 18 carries 5 to 25 years at hard labor, and trafficking a person under 18 for sex carries life without parole. The separate crime of trafficking of children for sexual purposes carries life imprisonment at hard labor without parole, probation or suspension of sentence for the main offenses.
Is jaywalking illegal in Louisiana?
A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to all vehicles, and between adjacent intersections with working traffic signals pedestrians may cross only in a marked crosswalk. A pedestrian may not suddenly step off the curb into the path of a vehicle too close to stop, and may not start crossing against a 'Don't Walk' signal. Drivers must yield to pedestrians in crosswalks where there are no working signals. Unless another penalty is specified, a first violation of these rules of the road is punishable by a fine of up to $175, up to 30 days, or both (later violations up to $500 and 90 days).
What is the open container law in Louisiana?
Both the driver and passengers are barred from possessing an open alcoholic beverage container, or drinking alcohol, in the passenger area of a motor vehicle on a public highway or right-of-way. The penalty is a fine of up to $100 plus court costs; the person is cited rather than taken into custody, and the violation is not added to the driving record. Paid passengers in buses, taxis and limousines and certain other occupants are excepted, and a locked glove box or the area behind the last upright seat is not part of the passenger area. Larger local governments may set higher fines by ordinance.
What happens if you are caught drinking under 21 in Louisiana?
It is unlawful for anyone under 21 to buy or publicly possess an alcoholic beverage. The penalty is a fine up to $100 via a citation that is not placed on the person's criminal history record, and the court may suspend the driver's license for 180 days (a hardship license may be allowed for a first conviction). Buying alcohol for someone under 21 (other than a parent, spouse or guardian) carries a fine up to $500, up to 30 days, or both. Possessing a fake ID (a fraudulent identification document) carries a fine up to $500, up to 6 months, or both; making or distributing one carries up to $5,000 and up to 3 years.
What happens if you drive on a suspended license in Louisiana?
Driving while one's license is suspended, revoked or canceled is a misdemeanor. A driver with a Class D or E (ordinary) license may be fined up to $500, jailed up to 6 months, or both, plus a civil penalty of up to $1,250; for commercial (Class A, B or C) license holders the fine is up to $5,000 and the civil penalty up to $2,500. If the driving happened during conduct that led to a second or later DWI conviction, the penalty is $300-$500 and 7 days to 6 months, with 7 days served consecutively. Any new motor-vehicle conviction during the suspension extends the suspension by one year, and the court may require an ignition interlock in DWI-related cases.
What is the penalty for driving without a license in Louisiana?
No one may drive on a Louisiana highway without being licensed. Driving unlicensed in a vehicle requiring an ordinary Class D or E license may be punished by a fine up to $500, up to 6 months, or both (up to $5,000 for vehicles requiring a commercial Class A, B or C license); an unlicensed driver in a crash causing serious bodily injury or death faces a fine of $500 to $1,000, up to 6 months, or both. A licensed driver must also have the license in immediate possession and show it to police on request; an officer who confirms a valid license that is simply not being carried issues a written summons.
What knives are legal to carry in Louisiana?
Louisiana's illegal carrying of weapons statute makes it a crime to intentionally conceal on one's person any firearm 'or other instrumentality customarily used or intended for probable use as a dangerous weapon' (concealed handgun permit holders are exempt), and to possess a dangerous weapon on a school campus or school bus, or in a police station, jail, courthouse or the state capitol. The basic penalty is a fine up to $500, up to 6 months, or both. The current text of R.S. 14:95 does not mention switchblades or other specific knife types or any blade-length limit.
Are fireworks legal in Louisiana?
Only 'permissible fireworks' may be possessed, sold or used: consumer fireworks classified UN0336, 1.4G or 1.4S (such as fountains, sparklers, spinners and other listed items). Retail sales are allowed only from noon June 16 through midnight July 5 and noon December 15 through midnight January 1. Fireworks may not be sold to a child known to be under 15 or to intoxicated persons, set off within 1,000 feet of a church, hospital, school or public building, or ignited in, thrown from or thrown at a motor vehicle (a $500 fine or up to 6 months, or both, for the vehicle offenses). Other violations carry a fine up to $10,000, up to 6 months, or both, and parishes and cities may regulate or ban the sale, use and possession of fireworks.
Is kidnapping a felony in Louisiana?
Aggravated kidnapping (seizing, enticing or imprisoning someone to force a ransom or other benefit for their release) is punished by life imprisonment at hard labor without parole, probation or suspension of sentence. Second degree kidnapping (a kidnapping where the victim is used as a shield or hostage or to help commit a felony, is injured or sexually abused, is held 72 hours or more, or the offender is armed) carries 5 to 40 years at hard labor, at least two years without parole, probation or suspension. Simple kidnapping carries up to 5 years with or without hard labor, a fine up to $5,000, or both. False imprisonment (unlawfully confining or detaining someone) carries up to six months, a fine up to $200, or both, and up to 10 years with or without hard labor if the offender is armed with a dangerous weapon.
Is making a threat a crime in Louisiana?
Making threats of violence that frighten the public is called terrorizing or menacing in Louisiana. Terrorizing is intentionally communicating that a crime of violence or a danger to life is imminent or in progress, intending to cause sustained public fear, an evacuation of a building or transit facility, or other serious public disruption; it carries a fine up to $15,000, up to 15 years with or without hard labor, or both (5 to 15 years at hard labor without parole, probation or suspension if aimed at school property, a school function or a firearm-free zone). Menacing is the same communication made without that intent but where a reasonable person would have known it could cause fear, evacuation or disruption; it carries a fine up to $1,000, up to 2 years with or without hard labor, or both (2 to 5 years if aimed at a school or firearm-free zone).
Is stealing a car a felony in Louisiana?
Car theft is a separate crime called theft of a motor vehicle: taking another's vehicle intending to keep it permanently, keeping a lost or misdelivered vehicle without trying to find the owner, or taking control of a vehicle one knows or should know is stolen. It is graded by value: under $1,000, up to six months, a fine up to $1,000, or both (up to 2 years with two or more prior theft convictions); $1,000 to under $5,000, up to 5 years with or without hard labor and/or a fine up to $3,000; $5,000 to under $25,000, up to 10 years and/or $10,000; $25,000 or more, up to 20 years at hard labor and/or $50,000. Joyriding is called unauthorized use of a motor vehicle (taking or using it without intent to keep it): a fine up to $5,000, up to 2 years with or without hard labor, or both, or up to six months and/or $1,000 if the value is under $1,000. Filing a false stolen-vehicle affidavit carries up to 5 years and/or $5,000.
Is receiving stolen property a felony in Louisiana?
Receiving stolen goods is called illegal possession of stolen things: intentionally possessing, receiving or concealing anything taken in a robbery or theft when the person knew or had good reason to believe it was stolen. Penalties follow value: under $1,000, up to six months, a fine up to $1,000, or both (up to 2 years and/or $2,000 with two or more prior theft convictions); $1,000 to under $5,000, up to 5 years with or without hard labor and/or $3,000; $5,000 to under $25,000, up to 10 years and/or $10,000; $25,000 or more, up to 20 years at hard labor and/or $50,000. Values from separate acts are added together, and reporting the property in writing to the district attorney within 72 hours of learning it was stolen is an affirmative defense to possession.
What is organized retail theft in Louisiana?
Louisiana has a specific organized retail theft crime: intentionally procuring, receiving or concealing stolen retail merchandise (including gift cards or store credit) with intent to sell, deliver or distribute it. The grade is based on the total value in any 180-day period: under $1,000, up to six months, a fine up to $1,000, or both (up to 2 years and/or $2,000 with two or more prior theft convictions); $1,000 to under $5,000, up to 5 years with or without hard labor and/or $3,000; $5,000 to under $25,000, up to 10 years and/or $10,000; $25,000 or more, up to 20 years at hard labor and/or $50,000. A store owner is presumed to have violated the law if it obtained stolen merchandise more than once in 180 days from an unlicensed seller, a seller who paid no sales tax, or for cash without an invoice.
What counts as drug trafficking in Louisiana?
Louisiana makes it a crime to manufacture, distribute, dispense or possess with intent to distribute a controlled dangerous substance, with penalties set by schedule and weight. For most Schedule II drugs (such as cocaine or methamphetamine), less than 28 grams carries 1 to 10 years with or without hard labor and 28 grams or more carries 1 to 20 years at hard labor, plus a possible fine up to $50,000; manufacturing methamphetamine, cocaine, oxycodone or methadone carries 10 to 30 years at hard labor, at least 10 without parole, probation or suspension. Fentanyl or carfentanil carries 5 to 40 years at hard labor (at least 5 without parole) for under 28 grams, 7 to 40 years for a first conviction of 28 to under 250 grams, 30 to 40 years on a second such conviction and at least 99 years on a third, and life imprisonment (at least 25 years without parole) for 250 grams or more. Schedule I, III, IV and V substances have their own penalty sections.
Is prescription fraud a felony in Louisiana?
It is a crime to obtain a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge, to alter a prescription, to obtain a prescription or prescription blank by fraud, to possess someone else's prescription without consent, or to get controlled-substance prescriptions from one practitioner while being supplied by another without disclosing the existing prescription (doctor shopping). Each is punished by up to 5 years with or without hard labor and a possible fine up to $5,000. Prescribers or pharmacists who prescribe or dispense beyond their authority or for non-medical purposes face the drug-distribution penalties of R.S. 40:966-967.
What is vehicular assault in Louisiana?
Injuring someone while driving impaired is called vehicular negligent injuring: causing any injury while operating a motor vehicle, aircraft, watercraft or other conveyance while impaired by alcohol or drugs or with a blood alcohol concentration of 0.08 or more. It carries a fine up to $1,000, up to six months, or both, with mandatory minimum jail of 7 days at 0.15-0.19 BAC and 30 days at 0.20 or more. If the injury is serious bodily injury, the crime is first degree vehicular negligent injuring: a fine up to $5,000, up to 10 years with or without hard labor, or both, and 2 to 10 years (at least 2 without probation, parole or suspension) if BAC was 0.15 or more or the driver has a prior impaired-driving conviction.
Is street racing a crime in Louisiana?
Louisiana bans drag racing, racing, speed contests, exhibitions of speed or acceleration and speed-record attempts on public roads or on public or private property open to the public, and participating in them. Without serious injury, it is punished under the general traffic penalty: up to $175 and/or 30 days for a first violation and up to $500 and/or 90 days for a later one. If serious bodily injury or death is connected to the race, the penalty is a fine of $500 to $2,000, 1 to 5 years with or without hard labor, or both. Police may impound the vehicle at the owner's expense for up to 14 days to gather evidence, and added fines of $10 to $100 apply by offense number. Events sanctioned by local governing authorities are exempt.
What is the penalty for boating under the influence in Louisiana?
Louisiana's impaired-operation law covers boats as well as cars: operating any motor vehicle, aircraft, watercraft, vessel or other conveyance while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more, is the crime of operating a vehicle while impaired. A first offense carries a fine of $300 to $1,000 and 10 days to six months in jail, which may be suspended only with probation conditions such as 48 hours in jail or 32 hours of community service, a substance abuse program and a driver improvement program. Second, third and fourth offenses carry increasing penalties under R.S. 14:98.2-98.4, and having a child 12 or younger on board makes the minimum sentence non-suspendable.
Is insurance fraud a felony in Louisiana?
Insurance fraud (with intent to defraud an insurer, the Department of Insurance, an insured or a claimant, committing a fraudulent insurance act or presenting or helping prepare a claim statement known to contain false, incomplete or fraudulent material information) is a felony punished by up to 5 years with or without hard labor, a fine up to $5,000, or both, on each count. If the benefit involved is $1,000 or less, the maximum is six months and $1,000 per count. The defendant must also repay the insurer any payments not owed plus its costs of investigating and defending the claim, including attorney fees. Knowingly and willfully committing health care fraud is punished the same way.
What happens if you commit welfare or unemployment fraud in Louisiana?
Government benefits fraud (with intent to defraud, making false claims, lying on an application, or concealing facts affecting eligibility for benefits administered by a state agency) is punished by up to 5 years with or without hard labor, a fine up to $10,000, or both. Misusing SNAP (food stamp) benefits or EBT cards (such as selling, buying, or counterfeiting them) carries a fine of $5,000 to $1,000,000, six months to 10 years with or without hard labor, or both, plus mandatory restitution of the benefits' value. Making a false statement or hiding a material fact to get unemployment benefits is a misdemeanor punished by a $50 to $1,000 fine, 30 to 90 days, or both, with each false statement a separate offense; overpaid benefits must be repaid and may be deducted from future benefits.
Is bribery a felony in Louisiana?
Public bribery is giving or offering anything of value to a public officer or employee, a juror, a witness, or an elected or appointed official to influence their official conduct; the official's accepting or offering to accept is also public bribery. It is punished by a fine up to $2,000, up to 10 years with or without hard labor, or both, and the court may order restitution to the state; the bribe property can be seized and forfeited. Commercial bribery (paying a private employee, agent or fiduciary without the employer's knowledge to influence their work) is a misdemeanor punished by up to six months, a fine up to $500, or both.
What are the penalties for tax evasion in Louisiana?
Willfully failing to file a required state tax return, filing a false or fraudulent return, willfully failing to pay tax, penalty or interest, or helping someone file a false return, with intent to defraud the state or evade tax, is the crime of tax evasion. When the total actual tax exceeds $1,000, it is punished by a fine up to $2,000, up to 2 years with or without hard labor, or both; all other violations carry a fine up to $1,000, up to 1 year, or both.
What are the penalties for sexual assault in Louisiana?
Louisiana calls sexual assault rape (first, second and third degree) and sexual battery. First degree rape (rape by force overcoming resistance, by threat of great bodily harm, while armed, of a victim under 13, of a victim 65 or older, by two or more offenders, among other circumstances) carries life imprisonment at hard labor without parole, probation or suspension of sentence. Second degree rape (for example, rape by force or threats where the victim reasonably believes resistance would not prevent it, or after drugging the victim) carries 5 to 40 years at hard labor without parole, probation or suspension. Third degree rape (for example, when the victim is incapacitated by intoxication or the offender acts without the victim's consent) carries up to 25 years at hard labor without parole, probation or suspension. Sexual battery (intentional sexual touching without consent) carries up to 10 years without parole, probation or suspension, and 25 to 99 years when the victim is under 13 and the offender is 17 or older. Sex with a minor who consents is covered by the carnal knowledge laws (see the age-of-consent page).
What are the penalties for child molestation in Louisiana?
Sexual abuse of a child is mainly charged as molestation of a juvenile or indecent behavior with juveniles. Molestation of a juvenile (a lewd act by someone over 17 on a child under 17, more than two years younger, using force, intimidation or a position of control) carries 5 to 10 years and/or a fine up to $5,000 when the child is 13 to 16; 10 to 20 years when the offender has control or supervision over the child; 10 to 40 years for a supervisor such as a coach, youth leader or educator; and 25 to 99 years at hard labor (at least 25 without parole, probation or suspension) when the child is under 13. Indecent behavior with juveniles (a lewd act with a child under 17, sending lewd communications to a child, or grooming a child) carries up to 7 years and/or a fine up to $5,000, and 2 to 25 years at hard labor when the child is under 13 and the offender is 17 or older. Felony carnal knowledge of a juvenile (sexual intercourse with consent by someone 17 or older with a 13- to 16-year-old at least four years younger) carries up to 10 years and/or a fine up to $5,000.
What are the child pornography laws in Louisiana?
Louisiana now calls child pornography 'child sexual abuse materials' (formerly pornography involving juveniles). Intentionally possessing it carries 5 to 20 years at hard labor without parole, probation or suspension and a fine up to $50,000; a second or later conviction carries 10 to 40 years and up to $75,000. Distributing or possessing with intent to distribute carries the same ranges. Producing, promoting or advertising it carries 10 to 20 years at hard labor and up to $50,000 (20 to 40 years and up to $75,000 on a repeat conviction). When the victim is under 13 and the offender is 17 or older, production carries 25 to 99 years, and the other offenses carry a range of one-half to twice the longest term otherwise provided. A minor's consent is not a defense; sexting between minors is handled under a separate statute (R.S. 14:81.1.1).
Is online solicitation of a minor a felony in Louisiana?
Using a phone or computer to lure a minor is called computer-aided solicitation of a minor: a person 17 or older knowingly communicating electronically with someone under 17 (more than two years younger), or someone believed to be, to persuade or entice them into sexual conduct or a crime of violence. It carries a fine up to $10,000 and 5 to 10 years at hard labor without parole, probation or suspension when the victim is 13 to 16; 10 to 20 years when the victim is under 13; and 2 to 10 years when the 'victim' is a person reasonably believed to be under 17 (such as an undercover officer). If actual sexual conduct results and the age difference is five years or more, the penalty is 7 to 10 years; a later conviction carries 10 to 20 years at hard labor without parole, probation or suspension. Conviction requires sex offender registration.
What happens if you fail to register as a sex offender in Louisiana?
Adults convicted of (or given deferred adjudication for) a sex offense or a criminal offense against a minor must register as a sex offender or child predator, as must certain juveniles prosecuted as adults and juveniles 14 or older adjudicated for the most serious sex offenses. Registration lasts 15 years from initial registration in Louisiana, 25 years if the offense was against a minor, and for life for aggravated offenses, juveniles adjudicated for the listed offenses, and repeat offenders. Failing to register, update, renew, give notice of an address change, or giving false information carries 2 to 10 years at hard labor without parole, probation or suspension and a fine up to $1,000 on a first conviction, and 5 to 20 years plus a $3,000 fine on a second or later conviction.
Can a felon own a gun in Louisiana?
It is a crime for a person convicted of certain felonies to possess a firearm or carry a concealed weapon: crimes of violence, burglary offenses, felony drug offenses, sex offenses, bomb and incendiary device offenses and similar listed crimes (including equivalent out-of-state convictions, and some juvenile adjudications for 15- and 16-year-olds until age 22). It carries 5 to 20 years at hard labor without probation, parole or suspension and a fine of $1,000 to $5,000; an attempt carries 1 to 7.5 years. The ban ends if the person has had no felony conviction for 10 years after finishing the sentence, probation or parole.
Is hacking a crime in Louisiana?
Hacking is mainly charged as computer tampering: knowingly accessing, copying, damaging or altering a computer or its data without the owner's authorization. Unauthorized access or copying carries up to six months and/or a $500 fine; damaging data, deleting programs or introducing malicious code carries up to 5 years with or without hard labor and/or a $10,000 fine, and up to 15 years at hard labor if intended to disrupt vital government or utility services or to cause death or great bodily harm. Computer fraud (accessing a computer to defraud or obtain money or property) carries up to 5 years and/or a $10,000 fine. Denying an authorized user access to a computer carries up to six months and/or $500, or up to 5 years and/or $10,000 if the loss is $500 or more. Trespass against state computers carries up to 3 years for a first offense and up to 5 years for a repeat.
Is Louisiana a one-party consent state?
Louisiana is a one-party consent state: a person not acting under color of law may record a phone call or in-person conversation if he or she is a party to it, or if one of the parties has given prior consent, unless the recording is made to commit a criminal or tortious act. Willfully intercepting a wire, electronic or oral communication without that consent, or using or disclosing an illegally intercepted communication, carries a fine up to $10,000 and 2 to 10 years at hard labor.
Is filing a false police report a crime in Louisiana?
Making a false report to trigger a police or emergency response (including 'swatting') is called false communication with the intent to cause an emergency response. If no emergency response results, it carries up to six months, a fine up to $500, or both. If a response results, it carries up to 5 years with or without hard labor, a fine of $100 to $1,000, or both; if serious bodily injury results, imprisonment with or without hard labor of 'not less than eight years' (as the statute is worded), a fine of $500 to $2,500, or both; and if a death results, 10 to 40 years at hard labor. The court must also order the offender to repay the cost of the emergency response.
Does Louisiana have a hate crime law?
Louisiana has a hate crime law. It applies when the offender selects the victim of a listed crime (including murder, battery, rape, kidnapping, arson, criminal damage to property, burglary, robbery, theft and others) because of actual or perceived race, age, sex, religion, color, creed, disability, sexual orientation, national origin or ancestry, membership or service in an organization, or employment as a law enforcement officer, firefighter or emergency medical services worker. It adds a consecutive sentence: up to six months and/or a $500 fine when the underlying crime is a misdemeanor, and up to 5 years with or without hard labor and/or a $5,000 fine when it is a felony.
What happens if you violate parole in Louisiana?
Louisiana has ended parole for offenses committed on or after August 1, 2024, except for a few listed categories in R.S. 15:574.4 and 15:574.20. For people on parole, the committee on parole decides revocation after a hearing, at which the parolee may have counsel, admit, deny or explain the violation, and present evidence (unless the hearing is waived in writing). Parole may be revoked if the parolee failed without a satisfactory excuse to meet a condition and the violation involves a new felony or misconduct showing a substantial risk of a new felony or unwillingness to follow conditions; revocation needs two votes of a three-member panel. For technical violations, most parolees serve no more than 90 days for a first, 120 days for a second and 180 days for a third or later revocation, then return to supervision; these caps do not apply to violent or sex offenders.
What happens if you violate a restraining order in Louisiana?
Willfully disobeying a protective or restraining order is the crime of violation of protective orders. A first conviction carries up to six months, a fine up to $500, or both. A second or later conviction carries 14 days to 2 years with or without hard labor (at least 14 days without parole, probation or suspension) and a fine up to $1,000. If the violation involves a battery or crime of violence against the protected person, or going to the protected person's home, school or workplace while armed with a firearm, the penalty is 3 months to 2 years and up to $1,000 (at least 30 days without benefit), rising to 1 to 5 years and up to $2,000 if the offender has a prior protective-order or assault/battery conviction against that person within five years.
When can a juvenile be tried as an adult in Louisiana?
In Louisiana, a person who commits an offense at age 17 or older is prosecuted as an adult; since April 19, 2024, juvenile court covers only acts committed before age 17. A child 15 or older charged with first or second degree murder, first degree rape or aggravated kidnapping, or with listed serious felonies (such as attempted murder, manslaughter, armed robbery, aggravated burglary, second or third degree rape and second degree kidnapping), moves to adult criminal court when the district attorney obtains an indictment (or, for the listed felonies, files a bill of information after a probable-cause finding); the district attorney chooses which court. Separately, a juvenile court may, after a hearing, transfer a child 14 or older charged with murder, aggravated kidnapping, first degree rape, aggravated battery or armed robbery with a firearm, or certain second degree rapes; a transferred 14-year-old cannot be confined past age 31.
Does Louisiana have the death penalty?
Louisiana has the death penalty in its law. First degree murder is punished by death or life imprisonment at hard labor without parole, probation or suspension of sentence when the district attorney seeks a capital verdict (the jury decides between the two); otherwise the sentence is life without parole. The first degree rape statute also lists death or life without parole when the victim was under 13 and the district attorney seeks a capital verdict. Executions take place at the Louisiana State Penitentiary at Angola by one of three methods chosen by the secretary of the Department of Public Safety and Corrections: lethal intravenous injection, nitrogen hypoxia, or electrocution.
Can felons vote in Louisiana?
A person under an order of imprisonment for a felony conviction may not register or vote. However, a person under such an order who has not been incarcerated under it within the last five years is not barred from registering or voting (so many people on probation or parole can vote), unless the felony was election fraud or another election offense. Once the person is no longer under an order of imprisonment, the right returns, but a suspended registration is reinstated only when the person goes to the registrar of voters' office with documentation from the appropriate corrections official showing that he or she is no longer under an order of imprisonment (or has not been incarcerated under it in the last five years). People convicted before the 1974 Constitution took effect who completed their sentences are not barred.
How do you restore your rights after a felony in Louisiana?
Louisiana's Constitution says full rights of citizenship are restored when state and federal supervision ends after a conviction for any offense. A first offender (never before convicted of a felony) is pardoned automatically on completing the sentence, without action by the Board of Pardons or the governor, but only if all court costs for the conviction have been paid; the Division of Probation and Parole issues a certificate stating the person has all rights of citizenship and franchise. Other pardons and commutations are granted by the governor on the recommendation of the Board of Pardons. Firearms are separate: people convicted of the felonies listed in the felon-in-possession law may not possess a firearm until 10 years after completing the sentence, probation or parole, with no felony conviction in that time.
Does Louisiana have a three strikes law?
Louisiana's habitual offender law raises the sentence for anyone convicted of a felony after an earlier felony. A second felony: a term of one-third to twice the longest term for a first conviction (two-thirds to three times, without parole, for repeat sex offenses; life without parole if both sex offenses involved victims under 13). A third felony: one-half to twice the longest term, or life without parole if all three are crimes of violence or sex offenses against a minor (in any combination). A fourth or later felony: at least the longest term for a first conviction and at least 20 years, up to life; 20 years to twice the longest term if none of the felonies is a crime of violence or sex offense; and life without parole if the fourth and two of the prior felonies are crimes of violence or sex offenses against a minor. A prior conviction does not count if more than five years (ten years for crimes of violence and sex offenses) passed between completing the earlier sentence and the new offense, not counting time in prison or on probation or parole.
Is delta-8 legal in Louisiana?
Hemp-derived THC products (called consumable hemp products) are legal only within a regulated system. Processors, wholesalers and retailers need permits, and every product must be registered and approved by the Louisiana Department of Health after independent lab testing. Products may not contain more than 5 milligrams of total THC per serving or 40 milligrams per package (beverages: 5 mg per container of at least 12 ounces, no more than four containers per package; tinctures: 1 mg per 1-milliliter serving). Sales to anyone under 21 are banned, and retailers must check a photo ID. Inhalable products (including vapes), hemp flower for retail use, hemp in alcoholic drinks, and products made with a THC derivative that is not a naturally occurring cannabinoid are banned. Knowing violations carry fines of up to $300, $1,000 and $5,000 for first, second and third convictions.
Are magic mushrooms legal in Louisiana?
Psilocybin and psilocyn (the active substances in 'magic mushrooms') are Schedule I controlled dangerous substances in Louisiana. Possessing less than 2 grams is punished by up to 2 years in prison, with or without hard labor, and a fine of up to $5,000; 2 grams to less than 28 grams carries 1 to 10 years and a fine of up to $5,000. Possessing 28 grams or more of a Schedule I substance is treated as a distribution violation, which carries 1 to 20 years at hard labor and a fine of up to $50,000.
Is kratom legal in Louisiana?
Kratom is banned in Louisiana. Mitragynine and 7-hydroxymitragynine are listed in Schedule I, and a separate law makes it a crime to possess, make or sell kratom (any substance from the leaves of the Mitragyna speciosa tree or containing those chemicals). Possessing 20 grams or less carries a fine of up to $100. Possessing more than 20 grams carries up to $500 and/or six months in parish jail on a first conviction, and up to $1,000 and/or six months on a later conviction. Making or distributing it carries 1 to 3 years and/or a fine of up to $50,000 for less than 500 grams, and 1 to 5 years and/or up to $50,000 for 500 grams or more.
Is CBD legal in Louisiana?
Hemp CBD products are legal in Louisiana but are regulated as consumable hemp products (any hemp-derived product with a cannabinoid such as CBD, including pet products). Each product must be registered with and approved by the Louisiana Department of Health, with a lab certificate of analysis, and labels may not make medical claims and must show the THC per serving. Sellers need a permit, may not sell to anyone under 21, and must keep products (other than hemp beverages) where customers cannot reach them without an employee. Retailers may not add hemp products to food or drinks they sell, and inhalable products and hemp flower for retail use are banned.
What is the smoking and vaping age in Louisiana?
The minimum age to buy tobacco, alternative nicotine products and vapor products (e-cigarettes) in Louisiana is 21. Selling to someone under 21, or an under-21 person buying, is punished by a fine of up to $50 for a first violation, rising to $100, $250 and then $400 for later violations. It is also unlawful for anyone under 21 to possess these products, punished by a fine of up to $50 per violation, except in a private residence, while working, or when a person under 18 is with a parent, spouse or guardian who is 21 or older.
Is elder abuse a felony in Louisiana?
Louisiana's elder abuse crimes protect people 60 or older, as well as people with infirmities and adults with disabilities. Cruelty to the elderly and persons with infirmities (intentional or criminally negligent mistreatment or neglect, including by a caregiver, causing unjustifiable pain or suffering) carries up to 10 years and/or a fine of up to $10,000, with at least one year without parole if intentional and malicious; a second conviction carries 5 to 10 years at hard labor. Second degree cruelty, which causes serious bodily injury, carries up to 40 years at hard labor. Financial exploitation (using an elderly person's money or property without consent or by fraud, or misusing a power of attorney or guardianship) carries up to 10 years and/or a fine of up to $10,000 (second conviction: 1 to 10 years and up to $20,000), plus full restitution and a ban on handling the victim's assets. Simple battery of persons with infirmities carries a fine of up to $500 and 30 days to six months.
Is voyeurism a felony in Louisiana?
Louisiana has three offenses. Video voyeurism (using a camera or drone to watch, photograph or film a person without consent for a lewd purpose or in a private place, or sending such images): first offense up to $2,000 and/or up to 2 years; second offense 6 months to 3 years at hard labor without parole and up to $2,000; 1 to 5 years at hard labor and up to $10,000 when the recording shows nudity or sexual activity; and 2 to 10 years and up to $10,000 when it is of a child under 17 for sexual gratification. These forms of video voyeurism are sex offenses that require sex offender registration. Voyeurism (looking through the doors or windows of a private residence for sexual gratification) carries up to $500 and/or six months, and up to $1,000 and/or one year on a second or later conviction. Being a 'Peeping Tom' carries up to $500 and/or six months, rising to up to $1,000 and/or one year for a third conviction.
Is assaulting a police officer a felony in Louisiana?
Battery of a police officer (a battery on someone the offender has reasonable grounds to believe is a police officer on duty, including sheriffs, deputies, marshals, correctional and juvenile detention officers, constables, wildlife agents, park wardens and probation and parole officers, and including throwing liquids or bodily waste) carries up to $500 and 15 days to six months in jail with no suspended sentence. A second offense carries 1 to 3 years and up to $1,000; an injury needing medical attention carries 1 to 5 years and/or up to $1,000 (2 to 5 years and up to $2,000 on a second offense); and an offender in custody faces 1 to 5 years without parole, consecutive to other sentences. By comparison, simple battery carries up to $1,000 and/or six months. Separate laws cover battery of school teachers, correctional facility employees, child welfare workers and sports officials.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.