{
 "citation": "14:34.2",
 "heading": "Battery of a police officer",
 "doc_id": "78446",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78446",
 "classification": "F",
 "enacted_year": "1981",
 "last_amended_year": "2020",
 "penalties": [
  {
   "subsection": "B(1)(a)",
   "text": "B.(1)(a) Whoever commits the crime of battery of a police officer shall be fined not more than five hundred dollars and imprisoned not less than fifteen days nor more than six months without benefit of suspension of sentence.",
   "los_min": "15D",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(1)(b)",
   "text": "(b) Whoever commits a second or subsequent offense of battery of a police officer shall be fined not more than one thousand dollars and imprisoned with or without hard labor for not less than one year nor more than three years.",
   "los_min": "1Y",
   "los_max": "3Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than one thousand dollars and imprisoned with or wi",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(3)(a)",
   "text": "(3)(a) If the battery produces an injury that requires medical attention, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both.",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(3)(b)",
   "text": "(b) If the battery produces an injury that requires medical attention, and the offense is a second or subsequent violation of the provisions of this Section, the offender shall be fined not more than two thousand dollars and shall be imprisoned with or without hard labor for not less than two years nor more than five years.",
   "los_min": "2Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "40:2402"
 ],
 "text": "RS 14:34.2\n\n\u00a734.2. Battery of a police officer\n\nA.(1) Battery of a police officer is a battery committed without the consent of the\nvictim when the offender has reasonable grounds to believe the victim is a police officer\nacting in the performance of his duty.\n\n(2) For purposes of this Section, \"police officer\" shall include commissioned police\nofficers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, juvenile\ndetention facility officers, federal law enforcement officers, constables, wildlife enforcement\nagents, state park wardens, and probation and parole officers.\n\n(3) For purposes of this Section, \"battery of a police officer\" includes the use of force\nor violence upon the person of the police officer by throwing water or any other liquid, feces,\nurine, blood, saliva, or any form of human waste.\n\nB.(1)(a) Whoever commits the crime of battery of a police officer shall be fined not\nmore than five hundred dollars and imprisoned not less than fifteen days nor more than six\nmonths without benefit of suspension of sentence.\n\n(b) Whoever commits a second or subsequent offense of battery of a police officer\nshall be fined not more than one thousand dollars and imprisoned with or without hard labor\nfor not less than one year nor more than three years. At least fifteen days of the sentence\nimposed shall be served without benefit of parole, probation, or suspension of sentence.\n\n(2) If at the time of the commission of the offense the offender is under the\njurisdiction and legal custody of the Department of Public Safety and Corrections, or is being\ndetained in any jail, prison, correctional facility, juvenile institution, temporary holding\ncenter, halfway house, or detention facility, the offender shall be fined not more than one\nthousand dollars and imprisoned with or without hard labor without benefit of parole,\nprobation, or suspension of sentence for not less than one year nor more than five years. \nSuch sentence shall be consecutive to any other sentence imposed for violation of the\nprovisions of any state criminal law.\n\n(3)(a) If the battery produces an injury that requires medical attention, the offender\nshall be fined not more than one thousand dollars or imprisoned with or without hard labor\nfor not less than one year nor more than five years, or both. At least thirty days of the\nsentence imposed shall be served without benefit of parole, probation, or suspension of\nsentence.\n\n(b) If the battery produces an injury that requires medical attention, and the offense\nis a second or subsequent violation of the provisions of this Section, the offender shall be\nfined not more than two thousand dollars and shall be imprisoned with or without hard labor\nfor not less than two years nor more than five years. At least sixty days of the sentence\nimposed shall be served without benefit of parole, probation, or suspension of sentence.\n\nC. The definition of a \"police officer\" as provided in Paragraph (A)(2) of this Section\nshall be strictly construed solely for the purposes of this Section and shall not be construed\nas granting the authority to any agency not defined as a \"peace officer\" pursuant to the\nprovisions of R.S. 40:2402 to make arrests, perform search and seizures, execute criminal\nwarrants, prevent and detect crime, and enforce the laws of this state.\n\nAdded by Acts 1981, No. 258, \u00a71. Amended by Acts 1982, No. 594, \u00a71; Acts 1984,\nNo. 871, \u00a71; Acts 1989, No. 206, \u00a71; Acts 1990, No. 84, \u00a71; Acts 1991, No. 132, \u00a71; Acts\n1993, No. 438, \u00a71; Acts 1994, 3rd Ex. Sess., No. 16, \u00a71; Acts 1997, No. 486, \u00a71; Acts 1999,\nNo. 338, \u00a71; Acts 1999, No. 872, \u00a71; Acts 2001, No. 944, \u00a74; Acts 2007, No. 52, \u00a71, eff.\nJune 18, 2007; Acts 2012, No. 174, \u00a71; Acts 2020, No. 64, \u00a71; Acts 2020, No. 174, \u00a71; Acts\n2022, No. 468, \u00a71."
}