{
 "citation": "14:40.8",
 "heading": "Criminal hazing",
 "doc_id": "1106699",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1106699",
 "classification": "",
 "enacted_year": "2018",
 "last_amended_year": "2019",
 "penalties": [],
 "referenced_statutes": [],
 "text": "RS 14:40.8\n\n\u00a740.8. Criminal hazing\n\nA.(1) Except as provided by Subsection D of this Section, it shall be unlawful for\nany person to commit an act of hazing.\n\n(2)(a) Except as provided by Subparagraph (b) of this Paragraph, any person who\ncommits an act of hazing shall be either fined up to one thousand dollars, imprisoned for up\nto six months, or both.\n\n(b) If the hazing results in the serious bodily injury or death of the victim, or the\nhazing involves forced or coerced alcohol consumption that results in the victim having a\nblood alcohol concentration of at least 0.30 percent by weight based on grams of alcohol per\none hundred cubic centimeters of blood, any person who commits an act of hazing shall be\nfined up to ten thousand dollars and imprisoned, with or without hard labor, for up to five\nyears.\n\nB.(1)(a) If any person serving as a representative or officer of an organization,\nincluding any representative, director, trustee, or officer of any national or parent\norganization of which any of the underlying entities provided for in Paragraph (C)(3) of this\nSection is a sanctioned or recognized member at the time of the hazing, knew and failed to\nreport, as soon as practicable under the circumstances, to law enforcement that one or more\nof the organization's members were hazing another person, the organization may be subject\nto the following:\n\n(i) Payment of a fine of up to ten thousand dollars.\n\n(ii) Forfeiture of any public funds received by the organization.\n\n(iii) Forfeiture of all rights and privileges of being an organization that is organized\nand operating at the education institution for a specific period of time as determined by the\ncourt. If the hazing results in the serious bodily injury or death of the victim, or results in the\nvictim having a blood alcohol concentration of at least 0.30 percent by weight based on\ngrams of alcohol per one hundred cubic centimeters of blood, the period of time shall be for\nnot less than four years.\n\n(b) Information reported to law enforcement as provided in Subparagraph (a) of this\nParagraph shall include all details received by the organization relative to the alleged\nincident, with no information being redacted, including the name of all individuals alleged\nto have committed the act or acts of hazing.\n\n(2) An education institution that receives a report alleging the commission of an act\nor acts of hazing by one or more members of an organization that is organized and operating\nat the education institution shall report, as soon as practicable under the circumstances, the\nalleged act or acts to the law enforcement agency having jurisdiction in the place where the\nalleged act or acts of hazing occurred. The information reported to law enforcement as\nrequired by this Paragraph shall include all details received by the institution relative to the\nalleged incident, with no information being redacted, including the name of all individuals\nalleged to have committed the act or acts of hazing. Any education institution who fails to\ncomply with the provisions of this Paragraph may be subject to a fine of up to ten thousand\ndollars.\n\nC. For purposes of this Section:\n\n(1) \"Education institution\" means any elementary or secondary school or any\npostsecondary education institution in this state.\n\n(2)(a) \"Hazing\" is any intentional, knowing, or reckless act by a person acting alone\nor acting with others that is directed against another when both of the following apply:\n\n(i) The person knew or should have known that the act endangers the physical health\nor safety of the other person or causes severe emotional distress.\n\n(ii) The act was associated with pledging, being initiated into, affiliating with,\nparticipating in, holding office in, or maintaining membership in any organization.\n\n(b) \"Hazing\" includes but is not limited to any of the following acts associated with\npledging, being initiated into, affiliating with, participating in, holding office in, or\nmaintaining membership in any organization:\n\n(i) Physical brutality, such as whipping, beating, paddling, striking, branding,\nelectronic shocking, placing of a harmful substance on the body, or similar activity.\n\n(ii) Physical activity, such as sleep deprivation, exposure to the elements,\nconfinement in a small space, or calisthenics, that subjects the other person to an\nunreasonable risk of harm or that adversely affects the physical health or safety of the\nindividual or causes severe emotional distress.\n\n(iii) Activity involving consumption of food, liquid, or any other substance,\nincluding but not limited to an alcoholic beverage or drug, that subjects the individual to an\nunreasonable risk of harm or that adversely affects the physical health or safety of the\nindividual or causes severe emotional distress.\n\n(iv) Activity that induces, causes, or requires an individual to perform a duty or task\nthat involves the commission of a crime or an act of hazing.\n\n(c) A physical activity that is normal, customary, and necessary for a person's\ntraining and participation in an athletic, physical education, military training, or similar\nprogram sanctioned by the education institution is not considered \"hazing\" for purposes of\nthis Section.\n\n(3) \"Organization\" means a fraternity, sorority, association, corporation, order,\nsociety, corps, cooperative, club, service group, social group, band, spirit group, athletic\nteam, or similar group whose members are primarily students at, or former students of, an\neducation institution.\"Organization\" includes the national or parent organization of which\nany of the underlying entities provided for in this Paragraph is a sanctioned or recognized\nmember at the time of the hazing.\n\n(4) \"Pledging\", also known as \"recruitment\" or \"rushing\", means any action or\nactivity related to becoming a member of an organization.\n\nD.(1) This Section does not apply to an individual who is the subject of the hazing,\nregardless of whether the individual voluntarily allowed himself to be hazed.\n\n(2) It is not a defense to prosecution for a violation of this Section that the individual\nagainst whom the hazing was directed consented to or acquiesced in the hazing.\n\nE.(1) The penalties provided in Subsection B of this Section may be imposed in\naddition to any penalty that may be imposed for any other criminal offense arising from the\nsame incident or activity, and in addition to any penalty imposed by the organization or\neducation institution pursuant to its by-laws, rules, or policies regarding hazing.\n\n(2) Nothing in this Section precludes any civil remedy provided by law.\n\nActs 2018, No. 635, \u00a71; Acts 2019, No. 382, \u00a71."
}