{
 "citation": "14:40.2",
 "heading": "Stalking",
 "doc_id": "78515",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78515",
 "classification": "F",
 "enacted_year": "1992",
 "last_amended_year": "2018",
 "penalties": [
  {
   "subsection": "B(1)(a)",
   "text": "B.(1)(a) Notwithstanding any law to the contrary, on first conviction, whoever commits the crime of stalking shall be fined not less than five hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than one year.",
   "los_min": "30D",
   "los_max": "1Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(1)(b)",
   "text": "(b) Whoever commits the crime of stalking against a victim under the age of eighteen 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.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)(a)",
   "text": "(2)(a) Any person who commits the offense of stalking and who is found by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, 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 the instan",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)(b)",
   "text": "(b) 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.",
   "los_min": "2Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": "If the victim is under the age of eighteen"
  },
  {
   "subsection": "B(3)",
   "text": "(3) 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 ",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(4)",
   "text": "(4) 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.",
   "los_min": "5Y",
   "los_max": "20Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(5)",
   "text": "(5) 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.",
   "los_min": "0",
   "los_max": "40Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(6)(a)",
   "text": "(6)(a) 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 by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the child in reasonable fear of death or bodily injury, or in reaso",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "46:2136.2",
  "46:2182",
  "46:2184"
 ],
 "text": "RS 14:40.2\n\n\u00a740.2. Stalking\n\nA. Stalking is the intentional and repeated following or harassing of another person\nthat would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking\nshall include but not be limited to the intentional and repeated uninvited presence of the\nperpetrator at another person's home, workplace, school, or any place which would cause a\nreasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written,\nor behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any\nother statutory criminal act to himself or any member of his family or any person with whom\nhe is acquainted.\n\nB.(1)(a) Notwithstanding any law to the contrary, on first conviction, whoever\ncommits the crime of stalking shall be fined not less than five hundred dollars nor more than\none thousand dollars and shall be imprisoned for not less than thirty days nor more than one\nyear. Notwithstanding any other sentencing provisions, any person convicted of stalking\nshall undergo a psychiatric evaluation. Imposition of the sentence shall not be suspended\nunless the offender is placed on probation and participates in a court-approved counseling\nwhich could include but shall not be limited to anger management, abusive behavior\nintervention groups, or any other type of counseling deemed appropriate by the courts.\n\n(b) Whoever commits the crime of stalking against a victim under the age of eighteen\nwhen the provisions of Paragraph (6) of this Subsection are not applicable shall be\nimprisoned for not more than three years, with or without hard labor, and fined not more than\ntwo thousand dollars, or both.\n\n(2)(a) Any person who commits the offense of stalking and who is found by the trier\nof fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing\nhearing following a jury trial, beyond a reasonable doubt to have placed the victim of the\nstalking in fear of death or bodily injury by the actual use of or the defendant's having in his\npossession during the instances which make up the crime of stalking a dangerous weapon or\nis found beyond a reasonable doubt to have placed the victim in reasonable fear of death or\nbodily injury, shall be imprisoned for not less than one year nor more than five years, with\nor without hard labor, without benefit of probation, parole, or suspension of sentence and\nmay be fined one thousand dollars, or both. Whether or not the defendant's use of or his\npossession of the dangerous weapon is a crime or, if a crime, whether or not he is charged\nfor that offense separately or in addition to the crime of stalking shall have no bearing or\nrelevance as to the enhanced sentence under the provisions of this Paragraph.\n\n(b) If the victim is under the age of eighteen, and when the provisions of Paragraph\n(6) of this Subsection are not applicable, the offender shall be imprisoned for not less than\ntwo years nor more than five years, with or without hard labor, without benefit of probation,\nparole, or suspension of sentence and may be fined not less than one thousand nor more than\ntwo thousand dollars, or both.\n\n(3) Any person who commits the offense of stalking against a person for whose\nbenefit a protective order, a temporary restraining order, or any lawful order prohibiting\ncontact with the victim issued by a judge or magistrate is in effect in either a civil or criminal\nproceeding, protecting the victim of the stalking from acts by the offender which otherwise\nconstitute the crime of stalking, shall be punished by imprisonment with or without hard\nlabor for not less than ninety days and not more than two years or fined not more than five\nthousand dollars, or both.\n\n(4) Upon a second conviction occurring within seven years of a prior conviction for\nstalking, the offender shall be imprisoned with or without hard labor for not less than five\nyears nor more than twenty years, without benefit of probation, parole, or suspension of\nsentence, and may be fined not more than five thousand dollars, or both.\n\n(5) Upon a third or subsequent conviction, the offender shall be imprisoned with or\nwithout hard labor for not less that ten years and not more than forty years and may be fined\nnot more than five thousand dollars, or both.\n\n(6)(a) Any person thirteen years of age or older who commits the crime of stalking\nagainst a child twelve years of age or younger and who is found by the trier of fact, whether\nthe jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing\nfollowing a jury trial, beyond a reasonable doubt to have placed the child in reasonable fear\nof death or bodily injury, or in reasonable fear of the death or bodily injury of a family\nmember of the child shall be punished by imprisonment with or without hard labor for not\nless than one year and not more than three years and fined not less than fifteen hundred\ndollars and not more than five thousand dollars, or both.\n\n(b) Lack of knowledge of the child's age shall not be a defense.\n\nC. For the purposes of this Section, the following words shall have the following\nmeanings:\n\n(1) \"Harassing\" means the repeated pattern of verbal communications or nonverbal\nbehavior without invitation which includes but is not limited to making telephone calls,\ntransmitting electronic mail, sending messages via a third party, or sending letters or pictures.\n\n(2) \"Pattern of conduct\" means a series of acts over a period of time, however short,\nevidencing an intent to inflict a continuity of emotional distress upon the person. \nConstitutionally protected activity is not included within the meaning of pattern of conduct.\n\nD. As used in this Section, when the victim of the stalking is a child twelve years old\nor younger:\n\n(1) \"Pattern of conduct\" includes repeated acts of nonconsensual contact involving\nthe victim or a family member.\n\n(2) \"Family member\" includes:\n\n(a) A child, parent, grandparent, sibling, uncle, aunt, nephew, or niece of the victim,\nwhether related by blood, marriage, or adoption.\n\n(b) A person who lives in the same household as the victim.\n\n(3)(a) \"Nonconsensual contact\" means any contact with a child twelve years old or\nyounger that is initiated or continued without that child's consent, that is beyond the scope\nof the consent provided by that child, or that is in disregard of that child's expressed desire\nthat the contact be avoided or discontinued.\n\n(b) \"Nonconsensual contact\" includes:\n\n(i) Following or appearing within the sight of that child.\n\n(ii) Approaching or confronting that child in a public place or on private property.\n\n(iii) Appearing at the residence of that child.\n\n(iv) Entering onto or remaining on property occupied by that child.\n\n(v) Contacting that child by telephone.\n\n(vi) Sending mail or electronic communications to that child.\n\n(vii) Placing an object on, or delivering an object to, property occupied by that child.\n\n(c) \"Nonconsensual contact\" does not include any otherwise lawful act by a parent,\ntutor, caretaker, mandatory reporter, or other person having legal custody of the child as\nthose terms are defined in the Louisiana Children's Code.\n\n(4) \"Victim\" means the child who is the target of the stalking.\n\nE. Whenever it is deemed appropriate for the protection of the victim, the court may\nsend written notice to any employer of a person convicted for a violation of the provisions\nof this Section describing the conduct on which the conviction was based.\n\nF.(1)(a) Upon motion of the district attorney or on the court's own motion, whenever\nit is deemed appropriate for the protection of the victim, the court may, in addition to any\npenalties imposed pursuant to the provisions of this Section, grant a protective order which\ndirects the defendant to refrain from abusing, harassing, interfering with the victim or the\nemployment of the victim, or being physically present within a certain distance of the victim.\n\n(b) For any defendant placed on probation for a violation of the provisions of this\nSection, the court shall, in addition to any penalties imposed pursuant to the provisions of\nthis Section, grant a protective order which directs the defendant to refrain from abusing,\nharassing, interfering with the victim or the employment of the victim, or being physically\npresent within a certain distance of the victim.\n\n(2) Any protective order granted pursuant to the provisions of this Subsection shall\nbe served on the defendant at the time of sentencing.\n\n(3)(a) The court shall order that the protective order be effective either for an\nindefinite period of time or for a fixed term which shall not exceed eighteen months.\n\n(b) If the court grants the protective order for an indefinite period of time pursuant\nto Subparagraph (a) of this Paragraph, after a hearing, on the motion of any party and for\ngood cause shown, the court may modify the indefinite effective period of the protective\norder to be effective for a fixed term, not to exceed eighteen months, or to terminate the\neffectiveness of the protective order. A motion to modify or terminate the effectiveness of\nthe protective order may be granted only after a good faith effort has been made to provide\nreasonable notice of the hearing to the victim, the victim's designated agent, or the victim's\ncounsel, and either of the following occur:\n\n(i) The victim, the victim's designated agent, or the victim's counsel is present at the\nhearing or provides written waiver of such appearance.\n\n(ii) After a good faith effort has been made to provide reasonable notice of the\nhearing, the victim could not be located.\n\n(4)(a) Immediately upon granting a protective order, the court shall cause to have\nprepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2, shall sign such\norder, and shall forward it to the clerk of court for filing, without delay.\n\n(b) The clerk of the issuing court shall send a copy of the Uniform Abuse Prevention\nOrder or any modification thereof to the chief law enforcement official of the parish where\nthe victim resides. A copy of the Uniform Abuse Prevention Order shall be retained on file\nin the office of the chief law enforcement officer as provided in this Subparagraph until\notherwise directed by the court.\n\n(c) The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order,\nor any modification thereof, to the Louisiana Protective Order Registry pursuant to R.S.\n46:2136.2, by facsimile transmission, mail, or direct electronic input, where available, as\nexpeditiously as possible, but no later than the end of the next business day after the order\nis filed with the clerk of court.\n\n(5) If a protective order is issued pursuant to the provisions of this Subsection, the\ncourt shall also order that the defendant be prohibited from possessing a firearm for the\nduration of the Uniform Abuse Prevention Order.\n\nG.(1) Except as provided in Paragraph (2) of this Subsection, the provisions of this\nSection shall not apply to a private investigator licensed pursuant to the provisions of\nChapter 56 of Title 37 of the Louisiana Revised Statutes of 1950, acting during the course\nand scope of his employment and performing his duties relative to the conducting of an\ninvestigation.\n\n(2) The exception provided in Paragraph (1) of this Subsection does not apply if both\nof the following conditions apply:\n\n(a) The private investigator was retained by a person who is charged with an offense\ninvolving sexual assault as defined by R.S. 46:2184 or who is subject to a temporary\nrestraining order or protective order obtained by a victim of sexual assault pursuant to R.S.\n46:2182 et seq.\n\n(b) The private investigator was retained for the purpose of harassing the victim.\n\nH. The provisions of this Section shall not apply to an investigator employed by an\nauthorized insurer regulated pursuant to the provisions of Title 22 of the Louisiana Revised\nStatutes of 1950, acting during the course and scope of his employment and performing his\nduties relative to the conducting of an insurance investigation.\n\nI. The provisions of this Section shall not apply to an investigator employed by an\nauthorized self-insurance group or entity regulated pursuant to the provisions of Chapter 10\nof Title 23 of the Louisiana Revised Statutes of 1950, acting during the course and scope of\nhis employment and performing his duties relative to the conducting of an insurance\ninvestigation.\n\nJ. A conviction for stalking shall not be subject to expungement as provided for by\nTitle XXXIV of the Code of Criminal Procedure.\n\nActs 1992, No. 80, \u00a71; Acts 1993, No. 125, \u00a7\u00a71, 2; Acts 1994, 3rd Ex. Sess., No. 30,\n\u00a71; Acts 1995, No. 416, \u00a71; Acts 1995, No. 645, \u00a71; Acts 1997, No. 1231, \u00a71, eff. July 15,\n1997; Acts 1999, No. 957, \u00a71; Acts 1999, No. 963, \u00a71; Acts 2001, No. 1141, \u00a71; Acts 2003,\nNo. 1089, \u00a71; Acts 2005, No. 161, \u00a71; Acts 2007, No. 62, \u00a71; Acts 2007, No. 226, \u00a71; Acts\n2012, No. 197, \u00a71; Acts 2015, No. 440, \u00a71; Acts 2017, No. 89, \u00a71; Acts 2018, No. 282, \u00a71."
}