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Rs 14:63 Criminal Trespass

4. CRIMINAL TRESPASS

§63. Criminal trespass

A. No person shall enter any structure, watercraft, or movable owned by another

without express, legal, or implied authorization.

B.(1) No person shall enter upon immovable property owned by another without

express, legal, or implied authorization.

(2) For purposes of this Subsection, the phrase "enter upon immovable property" as

used in this Subsection, in addition to its common meaning, signification, and connotation,

shall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the

air space over immovable property owned by another with the intent to conduct surveillance

of the property or of any individual lawfully on the property.

(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person

operating an unmanned aircraft system in compliance with federal law or Federal Aviation

Administration regulations or authorization.

C.(1) No person shall remain in or upon property, movable or immovable, owned

by another without express, legal, or implied authorization.

(2) For purposes of this Subsection, the phrase "remain in or upon property" as used

in this Subsection, in addition to its common meaning, signification, and connotation, shall

include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the air

space over immovable property owned by another with the intent to conduct surveillance of

the property or of any individual lawfully on the property.

(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person

operating an unmanned aircraft system in compliance with federal law or Federal Aviation

Administration regulations or authorization.

D. It shall be an affirmative defense to a prosecution for a violation of Subsection

A, B, or C of this Section, that the accused had express, legal, or implied authority to be in

the movable or on the immovable property.

E. The following persons may enter or remain upon the structure, watercraft,

movable or immovable property, of another:

(1) A duly commissioned law enforcement officer in the performance of his duties.

(2) Any firefighter, whether or not a member of a volunteer or other fire department,

and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged

in locating and suppressing a fire.

(3) Emergency medical personnel engaged in the rendering of medical assistance to

an individual.

(4) Any federal, state or local government employee, public utility employee or agent

engaged in suppressing or dealing with an emergency that presents an imminent danger to

human safety or health or to the environment.

(5) Any federal, state or local government employee, public utility employee or agent

in the performance of his duties when otherwise authorized by law to enter or remain on

immovable or movable property.

(6) Any person authorized by a court of law to enter or remain on immovable

property.

(7) Any person exercising the mere right of passage to an enclosed estate, as

otherwise provided by law.

F. The following persons may enter or remain upon immovable property of another,

unless specifically forbidden to do so by the owner or other person with authority, either

orally or in writing:

(1) A professional land surveyor or his authorized personnel, engaged in the "practice

of land surveying", as defined in R.S. 37:682.

(2) A person, affiliate, employee, agent or contractor of any business which is

regulated by the Louisiana Public Service Commission or by a local franchising authority or

the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a

municipal or public utility, while acting in the course and scope of his employment or agency

relating to the operation, repair, or maintenance of a facility, servitude or any property

located on the immovable property which belongs to such a business.

(3) Any person making a delivery, soliciting, selling any product or service,

conducting a survey or poll, a real estate licensee or other person who has a legitimate reason

for making a delivery, conducting business or communicating with the owner, lessee,

custodian or a resident of the immovable property, and who, immediately upon entry, seeks

to make the delivery, to conduct business or to conduct the communication.

(4) An employee of the owner, lessee or custodian of the immovable property while

performing his duties, functions and responsibilities in the course and scope of his

employment.

(5) The owner of domestic livestock or his employees or agents while in the process

of retrieving his domestic livestock that have escaped from an area fenced to retain such

domestic livestock.

(6) The owner of a domestic animal while in the sole process of merely retrieving

his domestic animal from immovable property and not having a firearm or other weapon on

his person.

(7) Any candidate for political office or any person working on behalf of a candidate

for a political office.

(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged

in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance

in an emergency situation.

G. The following penalties shall be imposed for a violation of this Section:

(1) For the first offense, the fine shall be not less than one hundred dollars and not

more than five hundred dollars, or imprisonment for not more than thirty days, or both.

(2) For the second offense, the fine shall be not less than three hundred dollars and

not more than seven hundred fifty dollars, or imprisonment for not more than ninety days,

or both.

(3) For the third offense and all subsequent offenses, the fine shall be not less than

five hundred dollars and not more than one thousand dollars, or imprisonment for not less

than sixty days and not more than six months, or both, and forfeiture to the law enforcement

authority of any property seized in connection with the violation.

(4) A person may be convicted of a second offense and any subsequent offenses

regardless of whether any prior conviction involved the same structure, watercraft, movable

or immovable property and regardless of the time sequence of the occurrence of the offenses.

(5) In addition to the foregoing penalties, and notwithstanding any other law to the

contrary, a person convicted under this Section who has killed or otherwise misappropriated

any wildlife, as defined by R.S. 56:8, in the course of commission of the offense shall forfeit

the misappropriated wildlife to the law enforcement authority, and shall be ordered to pay

the value of the misappropriated wildlife into the Conservation Fund of the Department of

Wildlife and Fisheries in accordance with R.S. 56:40.1 et seq. The value of the wildlife that

was misappropriated shall be determined by the guidelines adopted by the Wildlife and

Fisheries Commission pursuant to R.S. 56:40.2.

H. The provisions of any other law notwithstanding, owners, lessees, and custodians

of structures, watercraft, movable or immovable property shall not be answerable for

damages sustained by any person who enters upon the structure, watercraft, movable or

immovable property without express, legal or implied authorization, or who without legal

authorization, remains upon the structure, watercraft, movable or immovable property after

being forbidden by the owner, or other person with authority to do so; however, the owner,

lessee or custodian of the property may be answerable for damages only upon a showing that

the damages sustained were the result of the intentional acts or gross negligence of the

owner, lessee or custodian.

I. A minor ten years old or younger shall not be arrested, detained or apprehended

for the crime of trespass.

Amended by Acts 1960, No. 458, §1; Acts 1964, No. 497, §1; Acts 1981, No. 78, §1,

eff. Jan. 1, 1982; Acts 1990, No. 870, §1, eff. Jan. 1, 1991; Acts 1991, No. 438, §1; Acts

1993, No. 887, §1; Acts 2003, No. 279, §3; Acts 2003, No. 802, §1; Acts 2012, No. 561, §1;

Acts 2016, No. 529, §1, eff. June 17, 2016.

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Local Government
Louisiana
2
1
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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
immovable
movable
agent
owner
engaged
utility
employee
emergency
wildlife
enter