{
 "citation": "14:34.8",
 "heading": "Battery of emergency room personnel, emergency services personnel, or a healthcare",
 "doc_id": "919196",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=919196",
 "classification": "F",
 "enacted_year": "2014",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "C(1)(a)",
   "text": "C.(1)(a) Whoever commits the crime of battery of emergency room personnel, emergency services personnel, or a healthcare professional shall be fined not more than one thousand dollars and imprisoned for not less than fifteen days nor more than six months.",
   "los_min": "15D",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(1)(b)",
   "text": "(b) Whoever commits a second or subsequent offense of battery of emergency room personnel, emergency services personnel, or a healthcare professional 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": "C(2)(a)",
   "text": "(2)(a) If the battery produces an injury that requires medical attention, the offender shall be fined not more than five thousand dollars and imprisoned with or without hard labor for not less than one year nor more than five years.",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)(b)",
   "text": "(b) If the battery produces an injury that requires medical attention, and the offense is a second or subsequent offense, the offender shall be fined not more than ten thousand dollars and shall be imprisoned with or without hard labor for not less than two nor more than five years.",
   "los_min": "2Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "40:1075.3",
  "40:1131"
 ],
 "text": "RS 14:34.8\n\n\u00a734.8. Battery of emergency room personnel, emergency services personnel, or a healthcare\nprofessional\n\nA.(1) Battery of emergency room personnel, emergency services personnel, or a\nhealthcare professional is battery committed without the consent of the victim when the\noffender has reasonable grounds to believe that the victim is emergency room personnel,\nemergency services personnel, or a healthcare professional acting in the performance of his\nduties.\n\n(2) The use of force of violence upon the person of emergency room personnel,\nemergency services personnel, or a healthcare professional by throwing feces, urine, blood,\nsaliva, or any form of human waste by an offender while the offender is transported to or\nfrom a medical facility or while being evaluated or treated in a medical facility shall also\nconstitute battery of emergency room personnel, emergency services personnel, or a\nhealthcare professional.\n\nB. For purposes of this Section:\n\n(1) \"Emergency room personnel\" includes a person in a hospital emergency\ndepartment who, in the course and scope of his employment or as a volunteer, provides\nservices or medical care, or who assists in the providing of services or medical care, for the\nbenefit of the general public during emergency situations. \"Emergency room personnel\"\nshall include but not be limited to any healthcare professional, emergency department clerk,\nemergency department technician, student, and emergency department volunteer working in\nthe hospital emergency department.\n\n(2) \"Emergency services personnel\" means any \"emergency medical services\npersonnel\" as defined by R.S. 40:1075.3 or any \"EMS practitioners\" as defined by R.S.\n40:1131.\n\n(3) \"Healthcare professional\" means a person licensed or certified by this state to\nprovide healthcare or professional services as a physician, physician assistant, dentist,\nregistered or licensed practical nurse or certified nurse assistant, advanced practice registered\nnurse, certified emergency medical technician, paramedic, certified registered nurse\nanesthetist, nurse practitioner, respiratory therapist, clinical nurse specialist, pharmacist,\noptometrist, podiatrist, chiropractor, physical therapist, occupational therapist, licensed\nradiologic technologist, licensed clinical laboratory scientist, licensed professional counselor,\ncertified social worker, psychologist, patient transporter, dietary worker, patient access\nrepresentative, security personnel, patient relations advocate, veterinarian, veterinary staff,\nor any other person who otherwise assists in or supports the performance of healthcare\nservices.\n\nC.(1)(a) Whoever commits the crime of battery of emergency room personnel,\nemergency services personnel, or a healthcare professional shall be fined not more than one\nthousand dollars and imprisoned for not less than fifteen days nor more than six months. At\nleast forty-eight hours of the sentence imposed shall be without benefit of suspension of\nsentence.\n\n(b) Whoever commits a second or subsequent offense of battery of emergency room\npersonnel, emergency services personnel, or a healthcare professional shall be fined not more\nthan one thousand dollars and imprisoned, with or without hard labor, for not less than one\nyear nor more than three years. At least forty-five days of the sentence imposed shall be\nserved without benefit of parole, probation, or suspension of sentence.\n\n(2)(a) If the battery produces an injury that requires medical attention, the offender\nshall be fined not more than five thousand dollars and imprisoned with or without hard labor\nfor not less than one year 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\n(b) If the battery produces an injury that requires medical attention, and the offense\nis a second or subsequent offense, the offender shall be fined not more than ten thousand\ndollars and shall be imprisoned with or without hard labor for not less than two nor more\nthan five years. At least ninety days of the sentence imposed shall be served without benefit\nof parole, probation, or suspension of sentence.\n\nActs 2014, No. 664, \u00a71; Acts 2022, No. 129, \u00a71; Acts 2025, No. 25, \u00a71."
}