14:34.7 B(1)Aggravated second degree battery - definition of Active member of the United States Armed Forces
Active member of the United States Armed Forces' shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard.
Effective: 08/01/2012 - Present
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14:34.7 B(2)Aggravated second degree battery - definition of Disabled veteran
(2) 'Disabled veteran' shall mean a veteran member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard who is disabled as determined by the United States Department of Veteran Affairs.
Effective: 08/01/2012 - Present
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14:34.7 C.Aggravated second degree battery - penalty
Whoever commits the crime of aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than fifteen years, or both. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the aggravated second degree battery was committed because of that status.
Effective: 08/01/2012 - Present
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14:34.8Battery of emergency room personnel, emergency services personnel, or a healthcare professional
Battery of emergency room personnel, emergency services personnel, or a healthcare professional
Effective: 08/01/2014 - Present
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14:34.8 A(1)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - battery defined
Battery of emergency room personnel, emergency services personnel, or a healthcare professional is battery committed without the consent of the victim when the offender has reasonable grounds to believe that the victim is emergency room personnel, emergency services personnel, or a healthcare professional acting in the performance of his duties.
Effective: 08/01/2022 - Present
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14:34.8 A(2)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - use of force defined
The use of force of violence upon the person of emergency room personnel, emergency services personnel, or a healthcare professional by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is transported to or from a medical facility or while being evaluated or treated in a medical facility shall also constitute battery of emergency room personnel, emergency services personnel, or a healthcare professional.
Effective: 08/01/2014 - Present
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14:34.8 B(1)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - Emergency room personnel defined
'Emergency room personnel' includes a person in a hospital emergency department who, in the course and scope of his employment or as a volunteer, provides services or medical care, or who assists in the providing of services or medical care, for the benefit of the general public during emergency situations. 'Emergency room personnel' shall include but not be limited to any healthcare professional, emergency department clerk, emergency department technician, student, and emergency department volunteer working in the hospital emergency department.
Effective: 08/01/2014 - Present
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14:34.8 B(2)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - 'Emergency services personnel' Defined
'Emergency services personnel' means any 'emergency medical services personnel' as defined by R.S. 40:1075.3 or any 'EMS practitioners' as defined by R.S. 40:1131.
Effective: 08/01/2014 - Present
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14:34.8 B(3)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - Healthcare professional, defined
'Healthcare professional' means a person licensed or certified by this state to provide healthcare or professional services as a physician, physician assistant, dentist, registered or licensed practical nurse or certified nurse assistant, advanced practice registered nurse, certified emergency medical technician, paramedic, certified registered nurse anesthetist, nurse practitioner, respiratory therapist, clinical nurse specialist, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, occupational therapist, licensed radiologic technologist, licensed clinical laboratory scientist, licensed professional counselor, certified social worker, psychologist, patient transporter, dietary worker, patient access representative, secur
Effective: 08/01/2022 - Present
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14:34.8 C(1)(a)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - 1st Offense
C.(1)(a) Whoever commits the crime of battery of emergency room personnel, emergency services personnel, or a healthcare professional shall be fined not more than one thousand dollars and imprisoned for not less than fifteen days nor more than six months. At least forty-eight hours of the sentence imposed shall be without benefit of suspension of sentence.
Effective: 08/01/2022 - Present
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14:34.8 C(1)(b)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - 2nd or subsequent Offense
Whoever commits a second or subsequent offense of battery of emergency room personnel, emergency services personnel, or a healthcare professional shall be fined not more than one thousand dollars and imprisoned, with or without hard labor, for not less than one year nor more than three years. At least forty-five days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2022 - Present
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14:34.8 C(2)(a)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - 1st Offense that requires medical attention
If the battery produces an injury that requires medical attention, the offender shall be fined not more than five thousand dollars and imprisoned with or without hard labor for not less than one year nor more than five years. At least sixty days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2022 - Present
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14:34.8 C(2)(b)Battery of emergency room personnel, emergency services personnel, or a healthcare professional - 2nd Offense or subsequent offense, that requires medical attention
If the battery produces an injury that requires medical attention, and the offense is a second or subsequent offense, the offender shall be fined not more than ten thousand dollars and shall be imprisoned with or without hard labor for not less than two nor more than five years. At least ninety days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2022 - Present
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14:34.9Battery of a dating partner
Battery of a dating partner
Effective: 08/01/2017 - Present
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14:34.9.1Aggravated assault upon a dating partner
Aggravated assault upon a dating partner
Effective: 08/01/2017 - Present
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14:34.9.1AAggravated assault upon a dating partner
Aggravated assault upon a dating partner is an assault with a dangerous weapon committed by one dating partner upon another dating partner.
Effective: 08/01/2017 - Present
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14:34.9.1BAggravated assault upon a dating partner - dating partner defined
dating partner' means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender.
Effective: 08/01/2017 - Present
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14:34.9.1CAggravated assault upon a dating partner - Penality
Aggravated assault upon a dating partner - Penality
Effective: 08/01/2017 - Present
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14:34.9.1DAggravated Assault Upon a Dating Partner Child Endangerment Law
When the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence imposed by the court shall be two years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2017 - Present
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14:34.9ABattery of a dating partner - Defined
Battery of a dating partner is the intentional use of force or violence committed by one dating partner upon the person of another dating partner.
Effective: 08/01/2017 - Present
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14:34.9BBattery of a dating partner - Definitions
Effective: 08/01/2019 - Present
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14:34.9B(5)Battery of a dating partner - Definition of Strangulation
B. For purposes of this Section: 'Strangulation' means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of the victim.
Effective: 08/01/2019 - Present
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14:34.9CBattery of Dating Partner - first conviction
On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. I
Effective: 08/01/2017 - Present
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14:34.9DBattery of Dating Partner - conviction of a second offense
On a conviction of a second offense, notwithstanding any other provision of law to the contrary and regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars and shall be imprisoned with or without hard labor for not less than sixty days nor more than one year. At least fourteen days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence, and the offender shall be required to complete a court-monitored domestic abuse intervention program
Effective: 08/01/2017 - Present
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14:34.9EBattery of Dating Partner - conviction of a third offense
On a conviction of a third offense, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars. The first year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.
Effective: 08/01/2017 - Present
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