14:40 A.Intimidation by officers - charging & definition
Intimidation by officers is the intentional use, by any police officer or other person charged with the custody of parties accused of a crime or violation of a municipal ordinance, of threats, violence, or any means of inhuman treatment designed to secure a confession or incriminating statement from the person in custody.
Effective: 08/01/2014 - Present
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14:40 B.Intimidation by officers - penalty
Whoever commits the crime of intimidation by officers shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Effective: 08/01/2014 - Present
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14:40.1Terrorizing
Terrorizing
Effective: 06/25/2008 - Present
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14:40.1 A.Terrorizing - charging and definition
Terrorizing is the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general publi
Effective: 06/25/2008 - Present
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14:40.1 B.Terrorizing - affirmative defense
It shall be an affirmative defense that the person communicating the information provided for in Subsection A of this Section was not involved in the commission of a crime of violence or creation of a circumstance dangerous to human life and reasonably believed his actions were necessary to protect the welfare of the public.
Effective: 08/15/2001 - Present
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14:40.1 C.Terrorizing - Penalty
Whoever commits the offense of terrorizing shall be fined not more than fifteen thousand dollars or imprisoned with or without hard labor for not more than fifteen years, or both.
Effective: 09/06/1985 - Present
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14:40.2Stalking
Stalking
Effective: 08/01/2015 - Present
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14:40.2 A.Stalking - definition
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. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.
Effective: 08/01/2015 - Present
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14:40.2 B.(1)(a)Stalking - first offense penalty
On first conviction, whoever commits the crime of stalking shall be fined not less than five hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than one year. Notwithstanding any other sentencing provisions, any person convicted of stalking shall undergo a psychiatric evaluation. Imposition of the sentence shall not be suspended unless the offender is placed on probation and participates in a court-approved counseling which could include but shall not be limited to anger management, abusive behavior intervention groups, or any other type of counseling deemed appropriate by the courts.
Effective: 08/15/1999 - Present
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14:40.2 B.(1)(b)Stalking - first offense penalty if victim is under age 18 but greater than 12 years of age
Whoever commits the crime of stalking against a victim under the age of eighteen but greater than 12 years of age 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.
Effective: 08/15/2007 - Present
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14:40.2 B.(2)(a)Stalking - victim placed in fear of death or bodily injury - charging & penalty
If found beyond a reasonable doubt to have placed the victim of the stalking in fear of death or bodily injury by the actual use of or the defendant's having in his possession during a dangerous weapon or is found beyond a reasonable doubt to have placed the victim in reasonable fear of death or bodily injury, shall be imprisoned for not less than one year nor more than five years, with or without hard labor, without benefit of probation, parole, or suspension of sentence and may be fined one thousand dollars, or both.
Effective: 08/15/2007 - Present
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14:40.2 B.(2)(b)Stalking - victim in fear of serious bodily injury or death under 18 year of age but greater than 12 years- penalty
If the victim is under the age of eighteen, and when the provisions of Paragraph (6) of this Subsection are not applicable, the offender shall be imprisoned for not less than two years nor more than five years, with or without hard labor, without benefit of probation, parole, or suspension of sentence and may be fined not less than one thousand nor more than two thousand dollars, or both.
Effective: 08/15/2007 - Present
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14:40.2 B.(3)Stalking - when there is a protective order against the defendant - penalty
Any person who commits the offense of stalking against a person for whose benefit a protective order, a temporary restraining order, or any lawful order prohibiting contact with the victim issued by a judge or magistrate is in effect in either a civil or criminal proceeding, protecting the victim of the stalking from acts by the offender which otherwise constitute the crime of stalking, shall be punished by imprisonment with or without hard labor for not less than ninety days and not more than two years or fined not more than five thousand dollars, or both.
Effective: 08/15/2007 - Present
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14:40.2 B.(4)Stalking - second conviction within 7 years of prior conviction - penalty
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.
Effective: 08/15/2007 - Present
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14:40.2 B.(5)Stalking - third or subsequent conviction - penalty
Upon a third or subsequent conviction, the offender shall be imprisoned with or without hard labor for not less that ten years and not more than forty years and may be fined not more than five thousand dollars, or both.
Effective: 08/15/2007 - Present
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14:40.2 B.(6)Stalking against child 12 or younger, placed in fear of death or bodily injury - penalty
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 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. Lack of knowledge of the child's age shall not be a defe
Effective: 08/15/2007 - Present
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14:40.2 C.Stalking - definitions of harassing and pattern of conduct as pertaining to this section
Definitions of: harassing and pattern of conduct for this section.
Effective: 08/15/2001 - Present
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14:40.2 D.Stalking - definitions when the victim of the stalking is a 12 years or younger
Definitions of: pattern of conduct, family member, nonconsensual contact, victim, as used when the victim of the stalking is a child 12 years old or younger.
Effective: 07/15/1997 - Present
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14:40.2 E.Stalking - the court may send written notice to employer of person convicted
Whenever it is deemed appropriate for the protection of the victim, the court may send written notice to any employer of a person convicted for a violation of the provisions of this Section describing the conduct on which the conviction was based.
Effective: 08/15/1999 - Present
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14:40.2 F.Stalking - issuance of a protective order in addition to penalties imposed
Upon motion of the district attorney or on the court's own motion, whenever it is deemed appropriate for the protection of the victim, the court may, in addition to any penalties imposed pursuant to the provisions of this Section, grant a protective order which directs the defendant to refrain from abusing, harassing, interfering with the victim or the employment of the victim, or being physically present within a certain distance of the victim.
Effective: 08/01/2018 - Present
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14:40.2 G.Stalking - section does not apply to a private investigator acting in course and scope of employment
Except as provided in Paragraph (2) of this Subsection, the provisions of this Section shall not apply to a private investigator licensed pursuant to the provisions of Chapter 56 of Title 37 of the Louisiana Revised Statutes of 1950, acting during the course and scope of his employment and performing his duties relative to the conducting of an investigation.
Effective: 08/01/2017 - Present
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14:40.2 H.Stalking - exception for authorized insurer acting in course and scope of employment
The provisions of this Section shall not apply to an investigator employed by an authorized insurer regulated pursuant to the provisions of Title 22 of the Louisiana Revised Statutes of 1950, acting during the course and scope of his employment and performing his duties relative to the conducting of an insurance investigation.
Effective: 08/01/2012 - Present
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14:40.2 I.Stalking - exception for investigator employed by self-insurance group or entity
The provisions of this Section shall not apply to an investigator employed by an authorized self-insurance group or entity regulated pursuant to the provisions of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, acting during the course and scope of his employment and performing his duties relative to the conducting of an insurance investigation.
Effective: 08/01/2012 - Present
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14:40.2 J.Stalking - conviction is not subject to expungement
A conviction for stalking shall not be subject to expungement as provided for by Title XXXIV of the Code of Criminal Procedure.
Effective: 08/01/2012 - Present
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14:40.3Cyberstalking
Cyberstalking
Effective: 08/15/2001 - Present
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