14:34.3 BBattery of a school teacher - Definitions
'School teacher' shall include any teacher or instructor, administrator, staff person, or employee of any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution. For purposes of this Section, 'school teacher' shall also include any teacher aide and paraprofessional, school bus driver, food service worker, and other clerical, custodial, or maintenance personnel employed by a city, parish, or other local public school board. 'School' means any public or nonpublic elementary, secondary, high school, vocational-technical school, college, special, or postsecondary school or institution, or university in this state. 'Student' means any person registered or enrolled at the school
Effective: 08/15/2009 - Present
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14:34.3 C.(1)Battery of a school teacher - committed by a student, penalty and charging
If the battery was committed by a student, upon conviction, the offender shall be fined not more than five thousand dollars or imprisoned not less than thirty days nor more than one year. At least seventy-two hours of the sentence imposed shall be imposed without benefit of suspension of sentence.
Effective: 08/15/2009 - Present
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14:34.3 C.(2)Battery of a school teacher - Committed by a non-student, Charging & penalty
If the battery was committed by someone who is not a student, the offender shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both.
Effective: 08/15/2009 - Present
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14:34.3 C.(3)Battery of a school teacher - which produces an injury that requires medical attention, charging & penalty
If the battery produces an injury that requires medical attention, the offender shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both.
Effective: 08/15/2009 - Present
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14:34.3.C(1)Battery of a school teacher - by Student
Battery of a school teacher by is student is a battery committed by a student without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.
Effective: 08/15/2009 - Present
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14:34.3.C(2)Battery of a school teacher - by non Student
Battery of a school teacher by a non student is a battery committed by a person not a student without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.
Effective: 08/15/2009 - Present
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14:34.3.C(3)Battery of a school teacher - which produces an injury that requires medical attention
Battery of a school teacher which produces an injury that requires medical attention, is a battery committed by a person without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.
Effective: 08/15/2009 - Present
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14:34.4Battery of a school or recreation athletic contest official
Battery of a school or rec Battery of a school or recreation athletic contest official
Effective: 08/01/2014 - Present
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14:34.4 ABattery of a school or recreation athletic contest official - Defined
Battery of a school or recreation athletic contest official is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school athletic or recreation contest official actively engaged in the conducting, supervising, refereeing, or officiating of a school-sanctioned interscholastic athletic contest or a sanctioned recreation athletic contest.
Effective: 08/01/2014 - Present
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14:34.4 B.(1)Battery of a school or recreation athletic contest official - charging & penalty
B.(1) Whoever commits the crime of battery of a school or recreation athletic contest official shall be fined not less than one thousand dollars and not more than five thousand dollars and imprisoned not less than five days nor more than six months without benefit of suspension of sentence.
Effective: 08/01/2014 - Present
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14:34.4 B.(2)Battery of a school or recreation athletic contest official, which results in serious bodily injury to the victim - Charging & Penalty
2) Whoever commits the crime of battery of a school or recreation athletic contest official which results in serious bodily injury to the victim as defined in R.S.314:34.1(B)(3) shall be fined not less than one thousand dollars and not more than five thousand dollars and imprisoned for not less than ten days nor more than six months.
Effective: 08/01/2014 - Present
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14:34.4 B.(3)Battery of a school or recreation athletic contest official - supplemental penalty
In addition to any other penalty imposed, the court shall order the offender to perform forty hours of court-approved community service work; the court shall order the offender to participate in a court-approved counseling program which may include anger management, abusive behavior intervention groups, or any other type of counseling deemed appropriate by the court. Any costs associated with the counseling program shall be borne by the offender.Participation in the community service and counseling program required by the provisions of Subparagraphs (a)&(b) of this Paragraph shall not be suspended.Failure to successfully complete the community service work and counseling program, may result in revocation of probation.
Effective: 08/01/2014 - Present
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14:34.5Battery of a correctional facility employee
Battery of a correctional facility employee is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a correctional facility employee acting in the performance of his duty.
Effective: 06/14/2013 - Present
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14:34.5.1Battery of a bus operator
Battery of a bus operator is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a bus operator.
Effective: 08/15/2003 - Present
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14:34.6Disarming of a peace officer
Disarming of a peace officer is committed when an offender, through use of force or threat of force, and without the consent of the peace officer, takes possession of any law enforcement equipment from the person of a peace officer or from an area within the peace officer's immediate control, when the offender has reasonable grounds to believe that the victim is a peace officer acting in the performance of his duty.
Whoever commits the crime of disarming of a peace officer shall be imprisoned at hard labor for not more than five years.
Effective: 08/01/2019 - Present
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14:34.7Aggravated second degree battery
Aggravated second degree battery
Effective: 07/15/1997 - Present
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14:34.7 A.Aggravated second degree battery - charging & definition
Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
Effective: 08/01/2012 - Present
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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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