Some New Louisiana Criminal Laws Effective in 2018
There are several new criminal laws that became effective in Louisiana in 2018. These laws are discussed here to give readers a general idea of what the new laws are.
1. [Act 263 – House Bill 79]. La. R.S. 14:283.3 creates the new crime of abuse of persons with infirmities through electronic means and provides for criminal penalties and exceptions.
The crime of abuse of persons with infirmities through electronic means occurs when all of the following occur:
(1) The person transfers an image that was obtained by any camera, videotape, photo-optical, photo-electric, unmanned aircraft system, or any other image recording device and that was obtained for the purpose of observing, viewing, photographing, filming, or videotaping any person with an infirmity.
(2) The person transfers the image by live or recorded telephone message, electronic mail, the internet, or a commercial online service.
(3) The person transfers the image with the malicious and willful intent to embarrass, shame, harass, coerce, abuse, torment, or intimidate, regardless of whether the victim has knowledge of the transfer.
2. Act 282 – House Bill 776. La. R.S. 14:40.2(F)(5) prohibits the possession of firearms in certain cases involving stalking.
This law states that if a protective order is issued in a stalking case, the court shall also order that the defendant be prohibited from possessing a firearm for the duration of the Uniform Abuse Prevention Order. A protective order is a court-certified document prohibiting the person named in the order from getting within a certain distance of the person who requested that the order be issued. Protective orders, also known as restraining or stay away orders, are mostly used in cases involving domestic abuse, domestic violence, stalking, and sexual assault. If the protective order is violated, the likely consequence is an arrest and a criminal charge.
3. [Act 293 – House Bill 896] La. R.S. 14:02 (B) (48, 49, 50) makes the crimes of battery of a dating partner, domestic abuse battery, and violation of a protective order with a battery crimes of violence.
With this amendment, the crimes of battery of a dating partner, domestic abuse battery, and violation of a protective order if the violation involves a battery or any crime of violence against the person for whose benefit the protective order is in effect are now crimes of violence.
4. [Act 303 – House Bill 242] La. R.S. 14:67(D) states specifically how the intent element can be proven in a shoplifting/theft case.
This law states that in a shoplifting case where the property allegedly misappropriated or taken was held for sale by a merchant, an intent to permanently deprive the merchant of the property held for sale may be inferred when the defendant:
(1) Intentionally conceals, on his person or otherwise, goods held for sale.
(2) Alters or transfers any price marking reflecting the actual retail price of the goods.
(3) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.
(4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.
(5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.
5. [Act 576 – Senate Bill 54] La. R.S. 14:52.2 creates the crime of negligent arson.
The crime of negligent arson is the damaging of any building of another by the setting of fire or causing an explosion, without consent of the owner or custodian of the building, when the offender’s criminal negligence causes the fire or the explosion.
6. [Act 485 – Senate Bill 236] La. R.S. 89.3 creates the crime of sexual abuse of an animal
Sexual abuse of an animal is the knowing and intentional performance of any of the following:
(1) Engaging in sexual contact with an animal.
(2) Possessing, selling, transferring, purchasing, or otherwise obtaining
an animal with the intent that it be subject to sexual contact.
(3) Organizing, promoting, conducting, aiding or abetting, or
participating in as an observer, any act involving sexual contact with an animal.
(4) Causing, coercing, aiding, or abetting another person to engage in sexual contact with an animal.
(5) Permitting sexual contact with an animal to be conducted on any premises under his charge or control.
(6) Advertising, soliciting, offering, or accepting the offer of an animal with the intent that it be used for sexual contact.
(7) Filming, distributing, or possessing pornographic images of a person and an animal engaged in any of the activities described in Paragraphs (1) through (6) of this Subsection.
These are just a few of the new criminal provisions that were enacted in 2018. For more details, please visit the web site of the Louisiana State Legislature’s site at http://www.legis.la.gov/legis/LawsContents.aspx .
If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 Gaynell Williams LLC Attorney at Law. Published August 18, 2018.