Will the charges made against you affect your work, school, and personal life overall? Repealed by Acts 2020, No. 353. This is why it is important to seek guidance from someone who understands how they work. Restriction on visitation 57 R.S. 56.4. Felony Stalking vs. Misdemeanor Stalking - Jacqui Ford Law Harboring or concealing an animal which has bitten or inflicted serious bodily injury on a human, 102.25. Repealed by Acts 2016, No. If you have recently been accused of stalking or similar harassment, you should understand the possible defense strategies for stalking charges that your attorney may use throughout your case. They can receive up to ten (10) years in prison and up to a $5,000.00 fine. What is Felony Stalking | Mr. Bail Louisiana Bail Bonds In general, stalking is defined as the unwanted pursuit of another person. Unauthorized release of certain animals, birds, or aquatic species, 229. Repealed by Acts 2014, No. A person who is charged with the crime for the first time would be convicted for more than 12 months or shall be fined with not more than two thousand dollars. Restraining Orders: Stalking Protective Orders | WomensLaw.org 97-3-107. 125, 1, 2; Acts 1994, 3rd Ex. The offense of stalking in the first degree is a class E felony, unless the defendant has previously been found guilty of a violation of this section or section 565.227, or any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or sec. Filing a false complaint against a law enforcement officer, 133.6. An individual can be charged with Felony Stalking punishable by up to five (5) years in prison and or up to a $2,500.00 fine if: The victim has requested and been granted a Court Order prohibiting the behavior or there is a Court ordered injunction. Depending on the circumstances of the case, an attorney may approach a stalking charge from a few different perspectives that can benefit the defendant. We are committed to helping clients through this difficult period with as little pain and hassle as possible. Operas, performance or representation without consent of owner prohibited; penalty, 209. 93.20. 67.8. Repealed by Acts 2017, No. Your behavior in the past and in the future will be under investigation, and you need sound counsel as well as a long-term plan. That is why you need an experienced lawyer who is proficient in criminal defenses, has a successful track record, and well versed in Louisiana laws. 103. 62.1. The jury found the defendant not guilty of stalking and instead convicted him of a lesser charge of harassment. I. The crime of harassmentwhich can include stalking, hate crimes, and cyberbullyingoccurs when one person acts in a way designed to annoy, provoke, threaten, or otherwise cause another person fear or emotional distress. Notwithstanding any other sentencing provisions, any person convicted of stalking shall undergo a psychiatric evaluation. Unlawful distribution of material harmful to minors through the Internet, 91.15. 95.4. Aggravating factors can include the use of a dangerous weapon, a prior criminal conviction, or a history of violence towards the victim. B. For more help, get in touch with a member of our team today! Felony carnal knowledge of a juvenile, 80.1. Illegal possession of a handgun by a juvenile, 95.9. Fire-raising on lands of another by criminal negligence; penalty, 204.1. Louisiana Stalking Laws - FindLaw 323. 62.6. (1) Any person who willfully, maliciously and repeatedly follows or harasses another person, or who makes a credible threat, with the intent to place that person in reasonable fear of death or great bodily injury is guilty of the crime of stalking, and upon conviction thereof shall be punished by . Every single state has stalking laws. 24 Hours a Day / 7 Days a Week Stalking 40.3. Simple arson of a religious building. Mississippi River, making unauthorized cut-offs prohibited; penalty, 315. Cyberstalking False statements concerning paternity, 126. Candidates for public office; filing of nonsubversive affidavits, 373. Aggravated assault upon a dating partner, 35.1. 0-3 years with/without hard . (6)(a) Any person thirteen years of age or older who commits the crime of stalking against a child twelve years of age or younger and who is found by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the child in reasonable fear of death or bodily injury, or in reasonable fear of the death or bodily injury of a family member of the child shall be punished by imprisonment with or without hard labor for not less than one year and not more than three years and fined not less than fifteen hundred dollars and not more than five thousand dollars, or both. (4) Upon a second conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned with or without hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than five thousand dollars, or both. Offenses Affecting Sexual Immorality, 80. 281, 3. Attorney Carl Barkemeyer can help handle your case, and help you get your name cleared. Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Tracking devices prohibited; penalty, 324. Instead, you should take a step back and let your lawyer handle things. 795, 3, eff. Unlawful production, manufacture, distribution or possession of fraudulent postsecondary education degree, 72.6. Battery of emergency room personnel, emergency services personnel, or a healthcare professional, 34.9.1. What Happens If I Refuse a Field Sobriety Test in Louisiana? Money laundering; transactions involving proceeds of criminal activity, 231. Disposal of property with fraudulent or malicious intent, 72.5. Not all criminal orders of protection are sent to the Louisiana Protective Order Registry, only those involving a domestic or dating relationship between the parties or stalking or sexual assault by a stranger or acquaintance of the victim. 46:2184 or who is subject to a temporary restraining order or protective order obtained by a victim of sexual assault pursuant to R.S. 75.2. Removal of building or structure from immovable property subject to a conventional mortgage or vendor's privilege, 220. Luckily, an experienced attorney can help a falsely accused person seek justice. 177, 2 and Acts 2014, No. Repealed by Acts 2008, No. Does Your DUI Affect Your Teaching License in Louisiana? 797, 2, eff. False packing of cotton bales and other agricultural products; penalty, 215. Intimidating, impeding, or injuring witnesses; injuring officers; penalties, 129.2. Definition of Stalking in Louisiana Criminal law regarding stalking is outlined under Louisana's legal code 14:40 section 2. Unlawful presence or contact of a sex offender relative to a former victim, 91.11. While the nuances of stalking laws vary from one state to another, for the most part, each state has the same description of what can be considered stalking. In comparison, many other states do not have specific laws or remedies related to stalking, meaning those convicted of the offense in other states may not face the same punishments as those convicted in Louisiana. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone, 95.2.1. How Much Does A DWI Lawyer Cost In Louisiana In 2023? It is important that you are totally honest with your lawyer about any activity you have been involved with. (b) Whoever commits the crime of stalking against a victim under the age of eighteen when the provisions of Paragraph (6) of this Subsection are not applicable shall be imprisoned for not more than three years, with or without hard labor, and fined not more than two thousand dollars, or both. Louisiana describes felony stalking as "Intentional or repeated following or harassing of another person that would cause a reasonable person to feel alarmed or suffer emotional distress. Battery of a school or recreation athletic contest official, 34.5. Sport killing of zoo or circus animals prohibited, 102.21. Louisiana Criminal Law by Attorney Carl Barkemeyer. Administration of medroxyprogesterone acetate (MPA) to certain sex offenders, 87.3. Stalking can be a misdemeanor or felony, depending on what action the offender has taken against the victim. House Senate Committees Legislators My Legis RS 14:40.3 40.3. Denial of visitation; felony rape; death of a parent 56 R.S. Stalking a victim who is less 16 years of age. Purchase of commercial sexual activity; penalties, 83.4. Unlawful refusal to submit to chemical tests; arrests for driving while intoxicated, 98.8. An estimated 12 to 16 percent of women, and 4 to 7 percent of men, will be stalked in their lifetime. Prostitution; definition; penalties; enhancement, 82.1. Documents simulating official court papers for collection purposes, sale or purchase prohibited; use prohibited; penalty, 354. 310, III (3), 217. Louisiana law defines a felony as any crime for which a defendant may be sentenced to death or imprisonment "at hard labor," which means incarceration in state prison. Special provisions and definitions, 98.5.1. Stalking is a crime that has become increasingly common in the United States. 3601. Unauthorized interception, interference with, or retransmission of services offered over a cable television system, 222.2. Stalking is a crime of power and control. Prostitution; persons under eighteen; additional offenses, 82.2. RS 14:40.2 - Stalking :: 2014 Louisiana Laws - Justia Law Finally, this article also discussed some of the more controversial cases involving stalking in Louisiana and their outcomes. Louisiana state law allows a victim of stalking or cyberstalking to apply for a protective order even if the person is not a family or household member or dating partner. 63.11. Rev. This may involve fighting the charge completely, pleading guilty to a different crime, or trying to get the charges reduced to make a deal. Solicitation on an interstate highway, 97.2. 67.29. Most stalking is done by someone known to the victim, such as a current or former partner. Insurance and Insurance Contract Requirements by Type of Insurance, Subpart C. Assuring Portability, Availability, Renewability of Health Insurance Coverage, 1078. Stalking 40.3. Sound reproductions without consent prohibited, 223.5. Public office and public support, disqualification, 371. Hearing to determine if dog is dangerous or vicious, 102.14. Giving false information regarding lawful presence in the United States in order to obtain a driver's license, 20.1. Constitutionally protected activity is not included within the meaning of pattern of conduct. 40.1. The victim has requested and been granted a Court Order prohibiting the behavior or there is a Court ordered injunction. 78.1. A person convicted of stalking under federal law faces a possible prison sentence not to exceed five years, a fine not to exceed $250,000, or both. Work with a Trusted Stalking Attorney in Louisiana. 281, 3. Unlawful referrals by ambulance drivers and others; penalty, 357. (6)(a) Any person thirteen years of age or older who commits the crime of stalking against a child twelve years of age or younger and who is found by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the child in reasonable fear of death or bodily injury, or in reasonable fear of the death or bodily injury of a family member of the child shall be punished by imprisonment with or without hard labor for not less than one year and not more than three years and fined not less than fifteen hundred dollars and not more than five thousand dollars, or both. Determination of domestic abuse for spousal support, Subpart C. Protective and Remedial Provisions, 344. Protections required for victims of the crime of domestic violence, 1379.3. If you have been charged with stalking in Louisiana, what you do next isextremely important. Publication of certain criminal record information or juvenile record information prohibited, 134.1. Criminal Defense for Stalking - Ambeau Law Second degree cruelty to juveniles, 93.3. Louisiana Revised Statutes Tit. 14, 40.2 | FindLaw Legal Advice on Criminal Charges for Stalking in Louisiana 67.9. Illegal use of counterfeit trademark; penalties, 230. Injunction, grounds for issuance; preliminary injunction; temporary restraining order, Title IV. Conduct made criminal under several articles; how prosecuted, 43.6. 97-3-107 - Stalking; aggravated stalking; penalties; definitions Louisiana Bail Bonds Is Open 24 Hours A Day! Engaging in conduct which is in violation of a court's order regarding conditions of release and bond, or. Repealed by Acts 2017, No. (b) The clerk of the issuing court shall send a copy of the Uniform Abuse Prevention Order or any modification thereof to the chief law enforcement official of the parish where the victim resides. Examples of this type of behavior includes following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property.. By its nature, stalking is not a one-time event, but rather a pattern of behavior meant . Art. Alcohol consumption; emergency assistance and cooperation; immunity, 403.10. (4) Upon a second conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned with or without hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than five thousand dollars, or both. 281, 3. Subversive activities and communist control law; legislative finding of fact and declaration of necessity, 364.
