{
 "citation": "14:93.3",
 "heading": "Cruelty to elderly and persons with infirmities",
 "doc_id": "78735",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78735",
 "classification": "F",
 "enacted_year": "1981",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "E(1)",
   "text": "E.(1) Whoever commits the crime of cruelty to any person with an infirmity, adult with a disability, or person who is elderly shall be fined not more than ten thousand dollars or imprisoned with or without hard labor for not more than ten years, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(2)",
   "text": "(2) Upon a second or subsequent conviction, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five years nor more than ten years.",
   "los_min": "5Y",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(2)",
   "text": "Five years of the sentence of imprisonment imposed shall be served without benefit of parole, probation, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:93.4"
 ],
 "text": "RS 14:93.3\n\n3. OFFENSES AFFECTING THE HEALTH AND SAFETY\n\nOF PERSONS WITH INFIRMITIES\n\n\u00a793.3. Cruelty to elderly and persons with infirmities\n\nA. Cruelty to persons with infirmities is the intentional or criminally negligent\nmistreatment or neglect by any person, including a caregiver, whereby unjustifiable pain,\nmalnourishment, or suffering is caused to a person with an infirmity, an adult with a\ndisability, or a person who is elderly, including but not limited to a person who is a resident\nof a nursing home, facility for persons with intellectual disabilities, mental health facility,\nhospital, or other residential facility.\n\nB. \"Caregiver\" is defined as any person or persons who temporarily or permanently\nis responsible for the care of a person with an infirmity; an adult with a physical or mental\ndisability; or a person who is elderly, whether such care is voluntarily assumed or is assigned. \n\"Caregiver\" includes but is not limited to adult children, parents, relatives, neighbors,\ndaycare institutions and facilities, adult congregate living facilities, and nursing homes which\nor who have voluntarily assumed or been assigned the care of a person who is elderly, a\nperson with an infirmity, or an adult with a disability; or have assumed voluntary residence\nwith a person who is elderly, a person with an infirmity, or an adult with a disability.\n\nC. For the purposes of this Section and R.S. 14:93.4, the term \"elderly\" means any\nindividual sixty years of age or older.\n\nD. The providing of treatment by a caregiver in accordance with a well-recognized\nspiritual method of healing, in lieu of medical treatment, shall not for that reason alone be\nconsidered the intentional or criminally negligent mistreatment or neglect of a person with\nan infirmity, an adult with a disability, or a person who is elderly. The provisions of this\nSubsection shall be an affirmative defense to a prosecution under this Section.\n\nE.(1) Whoever commits the crime of cruelty to any person with an infirmity, adult\nwith a disability, or person who is elderly shall be fined not more than ten thousand dollars\nor imprisoned with or without hard labor for not more than ten years, or both. At least one\nyear of the sentence imposed shall be served without benefit of parole, probation, or\nsuspension of sentence when the act of cruelty to persons with infirmities was intentional and\nmalicious.\n\n(2) Upon a second or subsequent conviction, the offender shall be fined not more\nthan ten thousand dollars and imprisoned at hard labor for not less than five years nor more\nthan ten years. Five years of the sentence of imprisonment imposed shall be served without\nbenefit of parole, probation, or suspension of sentence.\n\nAdded by Acts 1981, No. 850, \u00a71; Acts 1987, No. 87, \u00a71, eff. June 18, 1987; Acts\n1994, 3rd Ex. Sess., No. 26, \u00a71; Acts 1995, No. 841, \u00a71; Acts 1995, No. 883, \u00a71; Acts 2003,\nNo. 434, \u00a71; Acts 2010, No. 831, \u00a71; Acts 2014, No. 811, \u00a76, eff. June 23, 2014; Acts 2025,\nNo. 186, \u00a71."
}