Criminal Trespass Laws — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes, Property Crimes.

 

Criminal Trespass Law Louisiana — La R.S. 14:63

No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

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Exceptions

The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another without the action considered criminal trespass:

(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.

 

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”

(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.

 

Penalties

(1)  For the first offense — $100 – $500 Fine / 30 days imprisonment

(2)  For the second offense, — $500 – $750 Fine / 90 days imprisonment

(3)  For the third offense and all subsequent offenses — $500 – $1000 Fine / 60 days to 6 months imprisonment.

 

Legal Assistance

If you have been arrested or cited for Criminal Trespassing in Louisiana, contact a New Orleans criminal trespass defense attorney for assistance.

 

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