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Rs 14:107.2 Hate Crimes

§107.2. Hate crimes

A. It shall be unlawful for any person to select the victim of the following offenses

against person and property because of actual or perceived race, age, gender, religion, color,

creed, disability, sexual orientation, national origin, or ancestry of that person or the owner

or occupant of that property or because of actual or perceived membership or service in, or

employment with, an organization, or because of actual or perceived employment as a law

enforcement officer, firefighter, or emergency medical services personnel: first or second

degree murder; manslaughter; battery; aggravated battery; second degree battery; aggravated

assault with a firearm; terrorizing; mingling harmful substances; simple or third degree rape,

forcible or second degree rape, or aggravated or first degree rape; sexual battery, second

degree sexual battery; oral sexual battery; carnal knowledge of a juvenile; indecent behavior

with juveniles; molestation of a juvenile or a person with a physical or mental disability;

simple, second degree, or aggravated kidnapping; simple or aggravated arson;

communicating of false information of planned arson; simple or aggravated criminal damage

to property; contamination of water supplies; simple or aggravated burglary; criminal

trespass; simple, first degree, or armed robbery; purse snatching; extortion; theft; desecration

of graves; institutional vandalism; or assault by drive-by shooting.

B. If the underlying offense named in Subsection A of this Section is a misdemeanor,

and the victim of the offense listed in Subsection A of this Section is selected in the manner

proscribed by that Subsection, the offender may be fined not more than five hundred dollars

or imprisoned for not more than six months, or both. This sentence shall run consecutively

to the sentence for the underlying offense.

C. If the underlying offense named in Subsection A of this Section is a felony, and

the victim of the offense listed in Subsection A of this Section is selected in the manner

proscribed by that Subsection, the offender may be fined not more than five thousand dollars

or imprisoned with or without hard labor for not more than five years, or both. This sentence

shall run consecutively to the sentence for the underlying offense.

D. "Organization", as used in this Section, means all of the following:

(1) Any lawful corporation, trust, company, partnership, association, foundation, or

fund.

(2) Any lawful group of persons, whether or not incorporated, banded together for

joint action on any subject or subjects.

(3) Any entity or unit of federal, state, or local government.

E. As used in this Section:

(1) "Emergency medical services personnel" shall have the same meaning ascribed

to it by R.S. 40:1075.3.

(2) "Firefighter" means any firefighter regularly employed by a fire department of

any municipality, parish, or fire protection district of the state of Louisiana.

(3) "Law enforcement officer" means any active or retired city, parish, or state law

enforcement officer, peace officer, sheriff, deputy sheriff, probation or parole officer,

marshal, deputy, wildlife enforcement agent, state correctional officer, or commissioned

agent of the Department of Public Safety and Corrections, as well as any federal law

enforcement officer or employee, whose permanent duties include making arrests,

performing search and seizures, execution of criminal arrest warrants, execution of civil

seizure warrants, any civil functions performed by sheriffs or deputy sheriffs, enforcement

of penal or traffic laws, or the care, custody, control, or supervision of inmates.

Acts 1997, No. 1479, §2, eff. July 15, 1997; Acts 2001, No. 301, §1; Acts 2004, No.

676, §1; Acts 2011, No. 67, §3; Acts 2014, No. 791, §7; Acts 2015, No. 184, §1; Acts 2016,

No. 184, §1.

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Local Government
Louisiana
2
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
aggravated
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enforcement
actual
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offense
criminal
second
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service