14:54.4 B.Forfeiture - procedure for forfeiture
Any property subject to forfeiture under this Section may be seized under process issued by any court of record having jurisdiction over the property except that seizure without such process may be made when: the seizure is incident to an arrest with probable cause or a search under a valid search warrant or with probable cause or an inspection under valid administrative inspection warrant and the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this Section.
Effective: 09/07/1979 - Present
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14:54.4 B.Fake explosive device - definitions of fake explosive device and public safey agency
For purposes of this Section the following words shall have the following meanings:
(1) A 'fake explosive device' means any device or object that by its design, construction, content, or characteristics appears to be or to contain an explosive, an explosive compound or mixture with a detonator or initiator, or both, but is, in fact, an inoperative facsimile or imitation of such a destructive device, bomb, or explosive as defined in R.S. 14:54.3.
(2) A 'public safety agency' means the Department of Public Safety and Corrections, a fire department, an emergency medical or rescue service, a law enforcement agency, or a volunteer agency organized to deal with emergencies.
Effective: 07/23/1991 - Present
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14:54.4 C.Forfeiture - return if charges dismissed or accused is acquitted
After seizure, all conveyances taken under this Section shall be immediately returned to the owner when the charges of violating R.S. 14:54.2 and 54.3 in which the conveyance was involved are dismissed by the district attorney or dismissed by the district court, on the basis of a preliminary hearing or other preliminary proceedings, or when the accused is acquitted following a trial. Vehicles seized shall be forfeited upon a showing by the DA of a conviction for a violation under which seizure is authorized by this Section, showing by the DA that the seizure was made incident to an arrest with probable cause, a showing by the district attorney that the owner of the conveyance was knowingly and intentionally a party to a violation
Effective: 09/07/1979 - Present
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14:54.4 D.Forfeiture - property under Section not repleivable, but deemed in custody of the law enforcement
Property taken or detained under this Section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure subject only to the orders and decrees of the court of record having jurisdiction thereof. Whenever property is seized under the provisions of this Section, the law enforcement officer or employee making the seizure shall place the property under seal, remove the property to a place designated by the valid warrant under which such property was seized; or request that the Department of Public Safety take custody of the property and remove it to an appropriate location for disposition in accordance with law.
Effective: 09/07/1979 - Present
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14:54.4 E.Forfeiture - use of property by agency making seizure
Whenever property is forfeited under this Section, the law enforcement agency making the seizure may: retain the property for official use except the conveyances described in R.S. 14:54.4(A)(4); or sell any forfeited property, which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be used for payment of all costs of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; or request that the Department of Public Safety take custody of the property and remove it for disposition in accordance with law.
Effective: 09/07/1979 - Present
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14:54.4 F.Forfeiture - authorization to designate persons to carry out seizures
Any law enforcement agency is empowered to authorize, or designate officers, agents, or other persons to carry out the seizure provisions of this Section.
Effective: 09/07/1979 - Present
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14:54.4 G.Forfeiture - District attorneyshall proceed in district court having jurisdiction
The district attorney within whose jurisdiction the vessel, vehicle, or aircraft or other property has been seized because of its use, attempted use in violation of R.S. 14:54.2 or R.S. 14:54.3, shall proceed against the vessel, vehicle, or aircraft or other property as provided in Subsection C in the district court having jurisdiction over the offense and have it forfeited to the use of or the sale by the law enforcement agency making the seizure.
Effective: 09/07/1979 - Present
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14:54.4 H.Forfeiture - if residence of owner unknown, court shall appoint attorney, contradictory rule held within 10 days
Where it appears by affidavit that the residence of the owner of the vessel, vehicle, aircraft or other property is out of state or is unknown to the district attorney, the court shall appoint an attorney at law to represent the absent owner, against whom the rule shall be tried contradictorily within ten days after its filing. This affidavit may be made by the district attorney or one of his assistants. The attorney so appointed may waive service and citation of the petition or rule but shall not waive time nor any legal defenses.
Effective: 09/07/1979 - Present
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14:54.4 IForfeiture - property being sold shall be advertised and sold after 10 days at auction without appraisal
Whenever the head of the law enforcement agency effecting the forfeiture deems it necessary or expedient to sell the property forfeited, rather than retain it for the use of the law enforcement agency, he shall cause an advertisement to be inserted in the official journal of the parish where the seizure was made, and after ten days, shall dispose of said property at public auction to the highest bidder, for cash and without appraisal.
Effective: 09/01/1979 - Present
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14:54.4 J.Forfeiture - proceeds collected from sale paid into state treasury
The proceeds of all funds collected from any such sale, except as provided in R.S. 14:54.4(E)(2), shall be paid into the state treasury.
Effective: 09/07/1979 - Present
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14:54.4 K.Forfeiture - rights of mortgage or lien holder not affected by seizure
The rights of any mortgage or lien holder or holder of a vendor's privilege on the property seized shall not be affected by the seizure.
Effective: 09/07/1979 - Present
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14:54.5 A. (2)Fake explosive device -unlawful to manufacture, possess, control or transport a fake explosive device if intentionally threatning to use the device to commit or attempt to commit any felony
It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally threatens to use the fake explosive device while committing or attempting to commit any felony.
Effective: 07/23/1991 - Present
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14:54.5 A.(1)Fake explosive device - unlawful to manufacture, possess or have a fake explosive device to intentionally influence official conduct or action of an official
A. It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally:
(1) Influences the official conduct or action of an official or any personnel of a public safety agency; or
Effective: 07/23/1991 - Present
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14:54.5 C.Fake explosive device - penalty
Whoever violates the provisions of this Section shall be imprisoned at hard labor for not more than five years and shall be fined an amount equal to the costs of any law enforcement investigation or emergency response which results from the commission of the offense.
Effective: 07/23/1991 - Present
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14:54.5 D.Fake explosive devices - does not apply to authorized military, police, and fire operations and training exercises.
Provisions of this Section shall not apply to authorized military, police, and fire operations and training exercises.
Effective: 07/23/1991 - Present
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14:54.6 A.False information of planned bombing - charging and definition
The communicating of false information of a bombing threat on school property, at a school-sponsored function, or in a firearm-free zone whether or not such threat involves fake explosive devices is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any such threat or false information knowing the same to be false.
Effective: 08/15/1999 - Present
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14:54.6 B.False information of planned bombing - penalty
Whoever commits the crime of communicating of false information of a planned bombing on school property, at a school-sponsored function, or in a firearm-free zone as defined in R. S. 14:95.6(A) shall be imprisoned with or without hard labor for not more than twenty years. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.
Effective: 08/15/1999 - Present
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14:54.6 C.False information on planned bombing - definition of 'at a school sponsored function'
For purposes of this Section, 'at a school-sponsored function' means the specific designated area of the function, including but not limited to athletic competitions, dances, parties, or any extracurricular activity.
Effective: 08/15/1999 - Present
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14:55Aggravated criminal damage to property
Aggravated criminal damage to property is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.
Effective: 08/01/2014 - Present
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14:55 A.Aggravated criminal damage to property - charging and definition - felony
Aggravated criminal damage to property is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.
Effective: 08/01/2014 - Present
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14:56Simple criminal damage to property
Simple criminal damage to property
Effective: 07/25/1981 - Present
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14:56 A.(1)Simple criminal damage to property - charging and definition
Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion. This includes the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.
Effective: 08/15/2008 - Present
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14:56 A.(2)Simple criminal damage to property -further definition of dwelling
The provisions of this Section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.
Effective: 08/15/2008 - Present
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14:56 A..Simple criminal damage - charging and definition - misdemeanor
Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion. This includes the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.
Effective: 08/15/2008 - Present
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14:56 B.Aggravated criminal damage - penalty
Whoever commits the crime of aggravated criminal damage to property shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not less than one nor more than fifteen years, or both.
Effective: 08/01/2014 - Present
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