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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14:40.3 A.Cyberstalking - definitions of electronic communication and electronic mail
Electronic communication as pertaining to cyberstalking means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. Electronic mail as pertaining to cyberstalking means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
Effective: 08/15/2001 - Present
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14:40.3 B.(1)Cyberstalking - use of threatening language/words in electronic mail/communication
Cyberstalking is action of any person to use, in electronic mail or electronic communication, any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
Effective: 08/15/2001 - Present
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14:40.3 B.(2)Cyberstalking - using electronic mail or communication to communicate repeatedly to threaten
Cyberstalking is action of any person to electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
Effective: 08/15/2001 - Present
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14:40.3 B.(3)Cyberstalking - electronically mailing or communicating to make false statement to harass or threaten
Cyberstalking is electronically mailing electronically communicate with another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify, or harass.
Effective: 08/15/2001 - Present
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14:40.3 B.(4)Cyberstalking - knowingly permit electronic communication device to be used for action described in (1) (2) or (3)
Cyberstalking is action of any person to knowingly permit an electronic communication device under the person's control to be used for the taking of an action in Paragraph (1), (2), or (3) of this Subsection.
Effective: 08/15/2001 - Present
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14:40.3 C.(1)Cyberstalking - penalty
Whoever commits the crime of cyberstalking shall be fined not more than two thousand dollars, or imprisoned for not more than one year, or both.
Effective: 08/15/2001 - Present
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14:40.3 C.(2)Cyberstalking - second conviction penalty
Upon a second conviction occurring within seven years of the prior conviction for cyberstalking, the offender shall be imprisoned for not less than one hundred and eighty days and not more than three years, and may be fined not more than five thousand dollars, or both.
Effective: 08/15/2001 - Present
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14:40.3 C.(3)Cyberstalking - 3rd conviction or subsequent conviction occurring within seven years of a prior conviction - penality
Upon a third or subsequent conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned for not less than two years and not more than five years and may be fined not more than five thousand dollars, or both.
Effective: 08/15/2001 - Present
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14:40.3 C.(4)Cyberstalking - court may order seizure and sale of property involved in the offense
Additionally the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Effective: 08/15/2010 - Present
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