14:74 A.(3)Criminal neglect of family - factors considered in determining 'necessitous circumstances'
For purposes of this Subsection, the factors considered in determining whether 'necessitous circumstances' exist are food, shelter, clothing, health, and with regard to minor children only, adequate education, including but not limited to public, private, or home schooling, and comfort.
Effective: 08/15/1997 - Present
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14:74 B.(1)Criminal neglect of family - presumptive evidence and defense to spouse leaving the other in destitute or necessitous circumstances
Whenever a husband has left his wife or a wife has left her husband in destitute or necessitous circumstances and has not provided means of support within thirty days thereafter, his or her failure to so provide shall be only presumptive evidence for the purpose of determining the substantive elements of this offense that at the time of leaving he or she intended desertion and nonsupport. The receipt of assistance from the Family Independence Temporary Assistance Program (FITAP) shall constitute only presumptive evidence of necessitous circumstances for purposes of proving the substantive elements of this offense. Physical incapacity which prevents a person from seeking any type of employment constitutes a defense.
Effective: 08/02/1981 - Present
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14:74 C.Criminal neglect of family - privilege laws against disclosure of communication between husband and wife inapplicable
Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Section. Husband and wife are competent witnesses to testify to any relevant matter.
Effective: 09/08/1978 - Present
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14:74 D.(1)Criminal neglect of family - penalty
Whoever commits the offense of criminal neglect of family shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both, and may be placed on probation pursuant to R.S. 15:305.
Effective: 09/03/1984 - Present
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14:74 D.(2)Criminal neglect of family - if fine imposed, shall be paid to spouse or tutor or custodian of the child
If a fine is imposed, the court shall direct it to be paid in whole or in part to the spouse or to the tutor or custodian of the child, to the court approved fiduciary of the spouse or child, or to the Louisiana Department of Children and Family Services in a FITAP or Family Independence Temporary Assistance Program case or in a non-FITAP or Family Independence Temporary Assistance Program case in which the said department is rendering services, whichever is applicable.
Effective: 09/03/1984 - Present
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14:74 D.(3)Criminal neglect of family - court may also require recognizance
The court may also require the defendant to enter into a recognizance, with or without surety, in order that the defendant shall make his or her personal appearance in court whenever required to do so and shall further comply with the terms of the order or of any subsequent modification thereof.
Effective: 09/03/1984 - Present
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14:74.B.(2)Criminal neglect of family - presumptive evidence and defense to parent leaving child in necessitous circumstances
Whenever a parent has left his minor child in necessitous circumstances and has not provided means of support within thirty days thereafter, his failure to so provide shall be only presumptive evidence for the purpose of determining the substantive elements of this offense that at the time of leaving the parent intended desertion and nonsupport. The receipt of assistance from the Family Independence Temporary Assistance Program (FITAP) shall constitute only presumptive evidence of necessitous circumstances for the purpose of proving the substantive elements of this offense. Physical incapacity which prevents a person from seeking any type of employment constitutes a defense to the charge of criminal neglect of family.
Effective: 08/02/1981 - Present
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14:75 A.Failure to pay child support obligation - may be cited as 'Deadbeat Parents Punishment Act of Louisiana'
This law may be cited as the 'Deadbeat Parents Punishment Act of Louisiana'.
Effective: 08/15/2004 - Present
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14:75 B.Failure to pay child support obligation - misdemeanor charging and definition
It shall be unlawful for any obligor to intentionally fail to pay a support obligation for any child who resides in the state of Louisiana, if such obligation has remained unpaid for a period longer than six months or is greater than two thousand five hundred dollars.
Effective: 06/29/2010 - Present
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14:75 C.(1)Failure to pay child support obligation - first offense penalty
For a first offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than five hundred dollars or imprisonment for not more than six months, or both.
Effective: 08/15/2008 - Present
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14:75 C.(2)Failure to pay child support obligation - second or subsequent offense penalty
For a second or subsequent offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than twenty-five hundred dollars or imprisonment with or without hard labor for not more than two years, or both.
Effective: 08/15/2008 - Present
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14:75 C.(3)Failure to pay child support obligation - restitution shall be ordered
Upon a conviction under this statute, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
Effective: 08/15/2008 - Present
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14:75 C.(4)Failure to pay child support obligation - court may suspend sentence when restitution is made prior to sentencing
In any case in which restitution is made prior to the time of sentencing, except for a second or subsequent offense, the court may suspend all or any portion of the imposition or execution of the sentence otherwise required in this Subsection.
Effective: 06/29/2010 - Present
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14:75 C.(5)Failure to pay child support obligation - penalty for failure to pay when arrearage is more than $15,000 and obligation outstanding for at least 1 year
The penalty for failure to pay a legal child support obligation when the amount of the arrearage is more than fifteen thousand dollars and the obligation has been outstanding for at least one year shall be a fine of not more than twenty-five hundred dollars, or imprisonment with or without hard labor for not more than two years, or both.
Effective: 08/15/2008 - Present
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14:75 D.Failure to pay child support obligation - action may be prosecuted in a judicial district court in which child who is subject obligation resides
With respect to an offense under this Section, an action may be prosecuted in a judicial district court in this state in which any child who is the subject of the support obligation involved resided during a period during which an obligor failed to meet that support obligation; or the judicial district in which the obligor resided during a period described in Subsection B of this Section; or any other judicial district with jurisdiction otherwise provided for by law.
Effective: 08/15/2004 - Present
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14:75 E.Failure to pay child support obligation - definitions of 'obligor' and 'support obligation'
As used in this Section, 'obligor' means any person who has been ordered to pay a support obligation in accordance with law and 'support obligation' means any amount determined by a court order or an order of an administrative process pursuant to the law of the state of Louisiana to be due from a person for the support and maintenance of a child or children.
Effective: 08/15/2004 - Present
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14:75 F.Failure to pay child support obligation - affirmative defense
It shall be an affirmative defense to any charge under this Section that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.
Effective: 08/15/2004 - Present
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14:76 A.Bigamy - charging and definition
Bigamy is the marriage to another person by a person already married and having a husband or wife living, or the habitual cohabitation, in this state, with such second husband or wife, regardless of the place where the marriage was celebrated.
Effective: 08/01/2014 - Present
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14:76 B.Bigamy - exceptions
The provisions of this Section shall not extend to any person whose former husband or wife has been absent, at the time of the second marriage, for five successive years without being known to such person, within that time, to be living, any person whose former marriage has been annulled or dissolved at the time of the second marriage, by the judgment of a competent court or any person who has, at the time of the second marriage, a reasonable and honest belief that his or her former husband or wife is dead, or that a valid divorce or annulment has been secured, or that his or her former marriage was invalid.
Effective: 08/01/2014 - Present
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14:76 C.Bigamy - penalty
Whoever commits the crime of bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Effective: 08/01/2014 - Present
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14:77 A.Abetting a bigamy - charging and definition
Abetting in bigamy is the marriage of an unmarried person to the husband or wife of another, with knowledge of the fact that the party is married and without a reasonable and honest belief that such party is divorced or his marriage annulled, or that the party's husband or wife is dead.
Effective: 08/01/2014 - Present
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14:77 B.Abetting a bigamy - penalty
Whoever commits the crime of abetting in bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Effective: 08/01/2014 - Present
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14:79Violation of protective orders
Violation of protective orders
Effective: 07/27/1983 - Present
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14:79 A.(1)(a)Violation of protective order - misdemeanor willful disobedience of a preliminary or permanent injunction or protective order
Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., criminal stay-away orders as provided for in Code of Criminal Procedure Article 320, Children's Code Article
Effective: 08/01/2017 - Present
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14:79 A.(1)(a).Violation of protective order - felony willful disobedience of a preliminary or permanent injunction or protective order
Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., criminal stay-away orders as provided for in Code of Criminal Procedure Article 320, Children's Code Article
Effective: 08/01/2017 - Present
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