New Orleans Criminal Defense Attorney

Elizabeth B. Carpenter, Esq. —  New Orleans Criminal Defense

Stalking  –  La R.S. 14:40.2

Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the following:

Intentional and repeated uninvited presence of a person at another’s home, workplace, school, or any place which would cause a reasonable person to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other criminal act to himself or any friend or family member.

Penalties

 
First Conviction:  fined $500.00 to $1,000.00 and shall be imprisoned for 30 days to 1 year.

Anyone convicted of stalking shall undergo a psychiatric evaluation. The sentence shall not be suspended unless the offender is placed on probation and participates in a court-approved counseling.

First Conviction / Victim under age 18: Imprisoned for not more than 3 years, with or without hard labor, and fined not more than $2,000.00, or both.

First Conviction / Victim in fear of death or bodily harm: Imprisoned for 1 to 5 years, with or without hard labor, without benefit of probation, parole, or suspension of sentence and may be fined $1,000.00, or both.
First Conviction / Victim under age 18 and fear of death or bodily harm: Imprisoned for 2 to 5 years, with or without hard labor, without benefit of probation, parole, or suspension of sentence and may be fined $1,000.0 to $2,000.00, or both.

First Conviction in Violation of a Restraining Order or Protective Order: Imprisonment with or without hard labor for not less than 90 days yo 2 years or fined not more than $5,000.00, or both.

Second Conviction:  Occurring within 7 years of a prior conviction for stalking, the offender shall be imprisoned with or without hard labor for 5 to 20 years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than $5,000.00, or both.

Third or subsequent conviction:  The offender shall be imprisoned with or without hard labor for 10 to 40 years and may be fined not more than $5,000.00, or both.

Victim is 12 yrs old or younger and Offender is 13 yrs old or older: The offender placed the child in reasonable fear of death or bodily injury, or in reasonable fear of the death or bodily injury of a family member of the child shall be punished by imprisonment with or without hard labor for 1 to 3 years and fined $1,500.00 to $5,000.00, or both.

**Lack of knowledge of the child's age shall not be a defense.

**Whenever it is deemed appropriate for the protection of the victim, the court may send written notice to any employer of a person convicted for a violation of the provisions of this Section describing the conduct on which the conviction was based.

A conviction for stalking shall not be subject to expungement.

 
Stalking is a Crime of Violence under the Louisiana Code.

SEE CYBER-STALKING - Click!

 
Contact

Elizabeth B. Carpenter, Esq. --- New Orleans Criminal Attorney