14:132Injuring public records
Injuring public records
Effective: 07/01/1999 - Present
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14:132 A.Injuring public records - first degree charging and definition
First degree injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, filed or deposited, by authority of law, in any public office or with any public officer.
Effective: 07/01/1999 - Present
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14:132 B.Injuring public records - second degree definition
Second degree injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, defined as a public record pursuant to R.S. 44:1 et seq. and required to be preserved in any public office or by any person or public officer pursuant to R.S. 44:36.
Effective: 07/01/1999 - Present
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14:132 C.(1)Injuring public records - first degree penalty
Whoever commits the crime of first degree injuring public records shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars or both.
Effective: 07/01/1999 - Present
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14:132 C.(2)Injuring public records - second degree penalty
Whoever commits the crime of second degree injuring public records shall be imprisoned for not more than one year with or without hard labor or shall be fined not more than one thousand dollars or both.
Effective: 07/01/1999 - Present
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14:133Filing or maintaining false public records
Filing or maintaining false public records
Effective: 07/26/1995 - Present
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14:133 AFiling or maintaining false public records - defined
Filing false public records is the filing or depositing for record in any public office or with any public official, or the maintaining as required by law, regulation, or rule, with knowledge of its falsity, of any of the following: (1) Any forged document.(2) Any wrongfully altered document.(3) Any document containing a false statement or false representation of a material fact.
Effective: 07/26/1995 - Present
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14:133 BFiling or maintaining false public records - affirmative defense to a violation of this Section
The good faith inclusion of any item of cost on a Medical Assistance Program cost report which is later determined by audit to be nonreimbursable under state and federal regulations shall be an affirmative defense to a violation of this Section.
Effective: 07/22/1992 - Present
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14:133 C(1)Filing or maintaining false public records - penalty
Whoever commits the crime of filing false public records shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars, or both.
Effective: 06/30/2011 - Present
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14:133 C(2)Filing or maintaining false public records - restitution to the state if the state suffered a loss
In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.
Effective: 06/30/2011 - Present
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14:133.1Obstruction of court orders
Obstruction of court orders - Whoever, by threats or force, or wilfully prevents, obstructs, impedes, or interferes with, or wilfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the state of Louisiana, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Effective: 08/20/1976 - Present
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14:133.2Misrepresentation during booking
Misrepresentation during booking
Effective: 08/05/1988 - Present
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14:133.2 AMisrepresentation during booking - definition
A. Misrepresentation during booking is the misrepresentation of, or refusal by a person being booked to provide his name, age, sex, residence, or social security number to any law enforcement officer or official who is booking him pursuant to a lawful arrest, or the refusal of such person to submit to fingerprinting or photographing.
Effective: 08/05/1988 - Present
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14:133.2 BMisrepresentation during booking - charging and penality
B. Whoever commits the crime of misrepresentation during booking shall be imprisoned for not more than six months, provided that any such sentence shall be made to run concurrently with any other sentence.
Effective: 08/05/1988 - Present
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14:133.3Falsification of drug tests
Falsification of drug tests
Effective: 07/12/1995 - Present
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14:133.3(A)(1)Falsification of drug tests definition and charging
No person who submits to court-ordered drug testing, either after arrest for an offense and as a condition of pretrial release or after conviction of, or plea of guilty to, an offense and as a condition of probation, shall intentionally falsify or alter or attempt to falsify or alter the results of such a drug test by the substitution of urine or other samples or specimens or the use of any device in order to obscure or conceal the presence of a substance the presence of which the test is administered to detect.
Effective: 07/12/1995 - Present
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14:133.3(A)(2)Falsification of drug tests definition and charging for substance or device designed or intended solely to falsify or alter drug test results.
No person shall knowingly and intentionally deliver, possess with intent to deliver, or manufacture with intent to deliver a substance or device designed or intended solely to falsify or alter drug test results.
Effective: 07/12/1995 - Present
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14:133.3(B)Falsification of drug tests - Penality
Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 07/12/1995 - Present
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14:134Malfeasance in office
Malfeasance in office
Effective: 08/11/1980 - Present
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14:134 AMalfeasance in office - Definition & Charging
Malfeasance in office is committed when any public officer or public employee shall:
(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or
(2) Intentionally perform any such duty in an unlawful manner; or
(3) Knowingly permit any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.
Effective: 08/15/2011 - Present
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14:134 BMalfeasance in office - Definition of lawful duty
B. Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.
Effective: 08/15/2011 - Present
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14:134 CMalfeasance in office - Penalty
Whoever commits the crime of malfeasance in office shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than five thousand dollars, or both. In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.f the individual convicted of the crime of malfeasance in office is a P.O.S.T. certified full-time, part-time, or reserve peace officer, the P.O.S.T certification of that peace officer shall be immediately revoked pursuant 40:2405(J)
Effective: 08/01/2016 - Present
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14:2.BCrime of Violence Defined
'Crime of Violence' means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon.
Effective: 06/01/2018 - Present
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14:2.CSerious Bodily Injury - Defined
serious bodily injury means bodily injury which involves unconsciousness; extreme physical pain; protracted and obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or a substantial risk of death. For purposes of R.S. 14:403, 'serious bodily injury' shall also include injury resulting from starvation or malnutrition
Effective: 08/01/2019 - Present
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14:24Principals - Defined
All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.
Effective: 01/01/1950 - Present
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