14:46.6 E.Re-homing a child - Chapter 1 of Title V of the Louisiana Children's Code regarding the multidisciplinary team approach applicable to children who have been abused or neglected, to the extent practical, shall apply
The provisions of Chapter 1 of Title V of the Louisiana Children's Code regarding the multidisciplinary team approach applicable to children who have been abused or neglected, to the extent practical, shall apply to the children who are victims of the provisions of this Section.
Effective: 08/01/2016 - Present
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14:48Presumption of malice - non-privilged, defamatory publication is presumed to be malicious unless a justifiable motive is shown
Where a non-privileged defamatory publication or expression is false it is presumed to be malicious unless a justifiable motive for making it is shown. Where such a publication or expression is true, actual malice must be proved in order to convict the offender.
Effective: 07/29/1942 - Present
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14:49Qualified privilege - definition
Qualified privilege exists & actual malice must be proved, regardless of whether the publication is true or false where the pub or expression is a fair & true report of any judicial, legislative, or other public or official proceeding, or any statement, speech, argument, or debate in the course of the same, where the pub or expression is a comment made in reasonable belief of truth, upon, the conduct of a person in respect to public affairs; or thing which the proprietor offers/explains to the public. Where the pub or expression is made to a person interested in the communication, by one who is interested or where the publication or expression is made by an attorney or party in a judicial proceeding.
Effective: 07/29/1942 - Present
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14:50Absolute privilege - exceptions
There shall be no prosecution for defamation in the following situations: when a statement is made by a legislator or judge in the course of his official duties, when a statement is made by a witness in a judicial proceeding, or in any other legal proceeding where testimony may be required by law, and such statement is reasonably believed by the witness to be relevant to the matter in controversy, against the owner, licensee or operator of a visual or sound broadcasting station or network of stations or the agents or employees thereof, when a statement is made or uttered over such station or network of stations by one other than such owner, licensee, operator, agents or employees.
Effective: 07/26/1950 - Present
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14:50.2Additional penalties for crime of violence against victim 65 years old or older
The court in its discretion may sentence, in addition to any other penalty provided by law, any person who is convicted of a crime of violence or of an attempt to commit any of the crimes as defined in R.S. 14:2(B) with the exception of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1), aggravated assault (R.S. 14:37), aggravated or first degree rape (R.S. 14:42), and aggravated kidnapping (R.S. 14:44) to an additional three years' imprisonment when the victim of such crime is sixty-five years of age or older at the time the crime is committed.
Effective: 08/01/2015 - Present
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14:502Failure to seek assistance
Failure to seek assistance
Effective: 08/01/2018 - Present
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14:502A(1)Failure to seek assistance -Any person at the scene of an emergency who knows that another person has suffered serious bodily injury shall, give reasonable assistance
Any person at the scene of an emergency who knows that another person has suffered serious bodily injury shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the injured person. Reasonable assistance includes immediately seeking or reporting the need for medical assistance from an appropriate authority.
Effective: 08/01/2018 - Present
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14:502A(2)Failure to seek assistance -Any person who engages in reckless behavior that results in the serious bodily injury of any person shall,, give reasonable assistance to th
Any person who engages in reckless behavior that results in the serious bodily injury of any person shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the person. Reasonable assistance includes immediately seeking or reporting the need for medical assistance from an appropriate authority.
Effective: 08/01/2018 - Present
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14:502BFailure to seek assistance - definitions
For purposes of this Section:
(1) 'Appropriate authority' includes:
(a) Any state or local law enforcement agency.
(b) A 911 Public Safety Answering Point as defined in Title 33 of the Louisiana Revised Statutes of 1950.
(c) Emergency medical personnel.
(2) 'Reckless behavior' means an activity or behavior in which a reasonable person knew or reasonably should have known that the activity or behavior may result in injury to another, including but not limited to excessive consumption of alcohol, binge drinking, drag racing, consumption of any controlled dangerous substance, acts of hazing, or other similar activity, including activity which is defined as a criminal offense under this Title
Effective: 08/01/2018 - Present
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14:502C(1)Failure to seek assistance, penalty
C.(1) Except as provided in Paragraph (2) of this Subsection, any person who violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.
Effective: 08/01/2018 - Present
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14:502C(2)Failure to seek assistance, penalty If the serious bodily injury results in the death of the person
(2) If the serious bodily injury results in the death of the person, any person who violates the provisions of this Section shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not more than five years, or both.
Effective: 08/01/2018 - Present
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14:51Aggravated arson
Aggravated arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or movable whereby it is foreseeable that human life might be endangered.
Effective: 09/11/1981 - Present
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14:51 A.Aggravated arson - charging & definition
Aggravated arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or movable whereby it is foreseeable that human life might be endangered.
Effective: 08/01/2014 - Present
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14:51 B.Aggravated arson - penalty
Whoever commits the crime of aggravated arson shall be imprisoned at hard labor for not less than six nor more than twenty years, and shall be fined not more than twenty-five thousand dollars. Two years of such imprisonment at hard labor shall be without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2014 - Present
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14:51.1Injury by arson
Injury by arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or other movable belonging to another if either of the following occurs:
(1) Any person suffers great bodily harm, permanent disability, or disfigurement as a result of the fire or explosion.
(2) A firefighter, law enforcement officer or first responder who is present at the scene and acting in the line of duty is injured as a result of the fire or explosion.
Effective: 08/15/2010 - Present
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14:51.1 A.(1)Injury by arson - damaging by explosion or fire if another suffers great bodily harm, permanent disability or disfigurement as a result
Injury by arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or other movable belonging to another if any person suffers great bodily harm, permanent disability, or disfigurement as a result of the fire or explosion.
Effective: 08/15/2010 - Present
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14:51.1 A.(2)Injury by arson - intentional damaging by explosive substance if a firefighter or first responder is injured as a result
Injury by arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or other movable belonging to another if a firefighter, law enforcement officer or first responder who is present at the scene and acting in the line of duty is injured as a result of the fire or explosion
Effective: 08/15/2010 - Present
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14:51.1 B.Injury by Arson - penalty
Whoever commits the crime of injury by arson shall be imprisoned at hard labor for not less than six nor more than twenty years, and shall be fined not more than twenty-five thousand dollars. Two years of such imprisonment at hard labor shall be without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/2010 - Present
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14:52Simple arson
Simple arson
Effective: 08/15/2010 - Present
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14:52 A.(1)Simple arson - intentional damaging by any explosive substance or setting fire
Simple arson is the intentional damaging by any explosive substance or the setting fire to any property of another, without the consent of the owner and except as provided in R.S. 14:51.
Effective: 08/15/2010 - Present
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14:52 A.(2)Simple arson - the starting of a fire or causing explosion while offender engaged in perpetration or attempted perperration of another felony
Simple arson is the starting of a fire or causing an explosion while the offender is engaged in the perpetration or attempted perpetration of another felony offense even though the offender does not have the intent to start a fire or cause an explosion.
Effective: 08/15/2010 - Present
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14:52 B.Simple arson - penalty when damage is $500 or more
Whoever commits the crime of simple arson, where the damage done amounts to five hundred dollars or more, shall be fined not more than fifteen thousand dollars and imprisoned at hard labor for not more than fifteen years.
Effective: 08/01/2017 - Present
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14:52 C.Simple arson - penalty when damage is less than $500
Where the damage is less than five hundred dollars, the offender shall be fined not more than twenty-five hundred dollars or imprisoned with or without hard labor for not more than five years, or both.
Effective: 09/06/1985 - Present
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14:52.1 A.Simple arson - charging and definition
Simple arson of a religious building is the intentional damaging, by any explosive substance or by setting fire, of any church, synagogue, mosque, or other building, structure, or place primarily used for religious worship or other religious purpose.
Effective: 08/15/1997 - Present
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14:52.1 B.Simple arson of a religious building - penalty
Whoever commits the crime of simple arson of a religious building shall be fined not more than fifteen thousand dollars and imprisoned at hard labor for not less than two nor more than fifteen years. At least two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/1997 - Present
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