Re-Homing of a Child — La. R.S. 14:46.4
This law was enacted during the 2014 legislative session. The statute may be found here.
Re-homing of a child is any one of the following:
(1) A transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or any individual or entity with custody of a child who intends to avoid or divest himself of permanent parental responsibility by placing the child in the physical custody of a nonrelative, without court approval, unless Subsection B of this Section applies. Actions include but are not limited to transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining a child for such transaction.
(2) The selling, transferring, or arranging for the sale or transfer of a minor child to another person or entity for money or any thing of value or to receive such minor child for such payments or thing of value.
(3) Assisting, aiding, abetting, or conspiring in the commission of any act described in Paragraphs (1) and (2) of this Subsection by any person or entity, regardless of whether money or any thing of value has been promised to or received by the person.
B. Re-homing does not include:
(1) Placement of a child with a relative, stepparent, licensed adoption agency, licensed attorney, or the Department of Children and Family Services.
(2) Placement of a child by a licensed attorney, licensed adoption agency, or the Department of Children and Family Services.
(3) Temporary placement of a child by parents or custodians for designated short-term periods with a specified intent and time period for return of the child, due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent.
(4) Placement of a child in another state in accordance with the requirements of the Interstate Compact on the Placement of Children.
(5) Relinquishment of a child pursuant to the safe haven provisions of law.
C. Whoever commits the crime of re-homing of a child shall be fined not more than $5,000.00 dollars and shall be imprisoned at hard labor for not more than 5 years. This is a felony.
Solicitation of Funds or Transportation for Certain Unlawful Purposes – La. R.S. 14:107.5
This is a new law that was created during the 2014 legislative session, essentially this law states that it is unlawful to ask someone for a ride or transportation in exchange for sexual intercourse. This is considered a prostitution related offense.
A. It shall be unlawful for any person to solicit funds or transportation with the intention to solicit the person to engage in indiscriminate sexual intercourse for compensation.
B. For purposes of this Section, “sexual intercourse” means anal, oral, or vaginal sexual intercourse.
C. Whoever violates the provisions of this Section shall be fined not more than two hundred dollars, imprisoned for not more than six months, or both.
If you have been arrested for a prostitution related offense, contact Elizabeth B. Carpenter – New Orleans Prostitution Defense Attorney.
New Statute, Residential Contractor Fraud
During the 2014 legislative session, the Louisiana law makers repealed the statute for Home Improvement Fraud and replaced it with Residential Contractor Fraud.
Residential Contractor Fraud — La. R.S. 14:202.1
Residential contractor fraud is the misappropriation or intentional taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations by a person who has contracted to perform any home improvement or residential construction, or who has subcontracted for the performance of any home improvement or residential construction. A misappropriation or intentional taking may be inferred when a person does any of the following:
(1) Fails to perform any work during a forty-five-day period of time or longer after receiving payment, unless a longer period is specified in the contract.
(2) Uses, or causes an agent or employee to use, any deception, false pretense, or false promise to cause any person to enter into a contract for home improvements or residential construction.
(3) Damages the property of any person with the intent to induce that person to enter into a contract for home improvements or residential construction.
(4) Knowingly makes a material misrepresentation of fact in any application for a permit required by state, municipal, or parochial law.
(5) Knowingly makes a material misrepresentation of fact in any lien placed upon the property at issue.
(6) Fails to possess the required license for home improvements or residential construction required by applicable state, municipal, or parochial statute.
(7) Knowingly employs a subcontractor who does not possess the required license by applicable state, municipal, or parochial statute.
“Home improvement or residential construction” means any alteration, repair, modification, construction, or other improvement to any immovable or movable property primarily designed or used as a residence or to any structure within the residence or upon the land adjacent to the residence. This law can apply to mobile homes an certain trailers.
When the misappropriation or intentional taking amounts to a value of less than $500.00 dollars, the offender shall be imprisoned for not more than 6 months, fined not more than one thousand dollars, or both.
When the misappropriation or intentional taking amounts to a value of $500.00 dollars or more, but less than $1500.00 dollars, the offender shall be imprisoned, with or without hard labor, for 0 to 5 years, or may be fined not more than $2,000.00 dollars, or both.
When the misappropriation or intentional taking amounts to a value of $1500.00 dollars or more, the offender shall be imprisoned, with or without hard labor, for 0 to 10 years, or may be fined not more than $3,000.00 dollars, or both.
* In determining the amount of the misappropriation or intentional taking, the court shall include the cost of repairing work fraudulently performed by the contractor and the cost of completing work for which the contractor was paid but did not complete.
* In addition to the penalties provided by the provisions of this Section, a person convicted of residential contractor fraud shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. For the purposes of this Subsection, restitution to the victim shall include the cost of repairing work fraudulently performed by the contractor and the cost of completing work for which the contractor was paid but did not complete.
If you have been accused of contractor fraud, contact attorney Elizabeth B. Carpenter for a consultation. She has experience defending many contractors accused of fraud in the New Orleans area.
During the 2014 legislative session, Louisiana lawmakers added and modified many laws pertaining to domestic violence. One of the most significant actions taken was the creation of Louisiana Revised Statute 14:95.10, which prohibits someone previously convicted of domestic abuse battery from possessing a firearm or carrying a concealed weapon for 10 years. The statute was created by House Bill 753 – also known as the Susan “Pixie” Gouaux Act – which was signed into law earlier this year by Governor Bobby Jindal.
Possession of a Firearm or Carrying a Concealed Weapon by a Person Convicted of Domestic Abuse Battery — La. R.S. 14:95.10
It is unlawful for anyone convicted of domestic abuse battery at 14:35.3 to possess a firearm or carry a concealed weapon.
Whoever is found guilty of this offense shall be imprisoned with or without hard labor for not less than 1 year nor more than 5 years and shall be fined not less than $500.00 nor more than $1,000.00.
A person cannot be found guilty of this offense if the original domestic battery conviction has been set aside, expunged or pardoned.
The statute applies to anyone who has been convicted of domestic abuse for a period of 10 years from the date of completion of the sentence, probation, parole or suspended sentence.
The law went into effect August 1, 2014.
If you know someone who has a domestic battery conviction, please inform that person of the new law — this ban on possession of firearms includes hunting rifles.
By Elizabeth B Carpenter — New Orleans Weapons Offense Attorney
Social Security Fraud — 42 U.S.C. § 408
Social Security Fraud is the result of deliberate deception, and arises when an applicant falsifies a document or record offered as proof of disability, or misrepresents material facts on an application for benefits. Fraud can also be the result of omission when a beneficiary fails to report a change in circumstance, such as marriage, a new source of income, incarceration, removal from custodial care, or failure to report the death of a parent or spouse, while continuing to spend checks or direct deposits.
List of examples of violations that could result in criminal prosecution for Social Security fraud:
• furnishing false information of identity in connection with the establishment and maintenance of Social Security records, or with the intent to gain information as to the date of birth, employment, wages, or benefits of any person;
• forging or falsifying SSA documents;
• conspiring to obtain or allow a false, fictitious, or fraudulent claim;
• using a Social Security Number (SSN) obtained on the basis of false information or falsely using the SSN of another person, for the purpose of obtaining or increasing a payment under Social Security or any other federally funded program, or for any other purpose;
• altering, buying, selling, or counterfeiting a Social Security card;
￼￼• making or causing to be made a false statement or representation of a material fact for use in determining rights to Social Security benefits, Medicare, Supplemental Security Income, or Black Lung benefits;
• making or causing to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under the Social Security Act;
• making or causing to be made any false statement or representation as to whether wages were paid or received, the amount of such wages, the period during which wages were paid or received, or the person to whom such wages were paid;
• making or causing to be made any false statement or representation as to whether net earnings from self-employment were received, the amount of such earnings, the period during which such earnings were received, or the person who received them;
• concealing or failing to report any event affecting the initial or continued right to payment received, or to be received by a person individually or on behalf of another;
What is the penalty for Social Security Fraud?
If you or a loved one has been indicted for a Federal Crime, Contact our law firm for a consultation. We are ready to help you.
Mail Fraud: Fictitious Name or Address — 18 USC § 1342
What is Federal Mail Fraud?
Conducting, promoting, or carrying on by means of the Postal Service, any scheme, fraud, artifice or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name.
The term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.
What is the penalty for Federal Mail Fraud?
Fined under this title or imprisoned not more than 5 years, or both.
The mail and wire fraud statutes are essentially the same, except for the method associated with the offense – the mail in the case of mail fraud and wire communication in the case of wire fraud. As a consequence, the interpretation of one is ordinarily considered to apply to the other. As a consequence there seems to be little dispute that conviction requires the government to prove the following elements:
- the use of either mail or wire communications in the foreseeable furtherance
- of a scheme to defraud
- involving a material deception
- with the intent to deprive another of
- either property or honest services.
If you or a loved one has been indicted for mail fraud or any other federal white collar crime, contact our law firm for a consultation. Let us start working for you today!
Kenner Battery and Assault Offenses
Defintion of Each Offense
Sec. 7-70. What is Battery under Kenner Muni Code?
Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
Sec. 7-71. What is Simple Battery in Kenner?
Simple battery is a battery committed without the consent of the victim.
Sec. 7-72. What is Assault under Kenner Muni Code?
Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.
Sec. 7-73. What is Aggravated Assault in Kenner?
Aggravated assault is an assault committed with a dangerous weapon.
Sec. 7-74. What is Simple Assault under Kenner Muni Code?
Simple assault is an assault committed without a dangerous weapon.
Sec. 7-75. What is Negligent Injuring in Kenner?
Negligent injuring is the inflicting of any injury upon the person of another by criminal negligence. The violation of an ordinance shall be considered only as presumptive evidence of such negligence.
A fine not exceeding five hundred dollars ($500.00) or imprisonment for not more than sixty (60) days, or both.
Any person who is found guilty or who enters a plea of guilty for offenses against persons in which the victim is the age of sixty-five (65) years old or older the court shall impose the maximum sentence of five hundred dollars ($500.00) and imprisonment for not less than ten (10) days but no more then sixty (60) days.
If you have been charged with a Criminal Offense in the City of Kenner, contact Attorney Elizabeth B. Carpenter. She has helped many clients fight Kenner Municipal Charges.
New Orleans Municipal Court Attorney
What Is Unauthorized Parking Of Motor Vehicle On Private Property?
Whenever any motor vehicle without a driver is reported in violation of this section, the officer, upon finding such vehicle shall, at his discretion, either remove the vehicle from the private property to the department pound or take its state vehicle license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle, in writing, a summons on a form provided by the city and this summons shall inform the owner to appear at the municipal court on the date stated, or he may issue a summons and conspicuously affix it to such vehicle and also immobilize such vehicle by installing or attaching a boot and conspicuously affixing to such vehicle a notice, in writing, a form indicating the procedure to obtain the release of such immobilizer.
Failure of the owner or his agent to appear in court on the date stated in the summons shall cause the court to issue an attachment for the arrest of the owner of the vehicle that was in violation of this section.
What is the Penalty?
The unauthorized parking of motor vehicles on private property is a misdemeanor and the first violation is punishable by a fine of $35.00 and/or imprisonment for a term of 10 days; the second violation is punishable by a fine of $50.00 and/or imprisonment for a term of 20 days; the third and every subsequent violation is punishable by a fine of $100.00 and/or imprisonment for a term of 30 days.
In any prosecution charging a violation of this section, proof that the particular vehicle described in the complaint was parked in violation along with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall create a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time during which it was parked without authorization on private property.
Abuse and Neglect of Adults — 14:403.2
Any person, who by law, is required to report the abuse or neglect of an adult and knowingly and willfully fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.
Any person who knowingly and willfully obstructs the procedures for receiving and investigating reports of adult abuse or neglect, or who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 dollars or imprisoned for not more than 6 months, or both.
Any person who reports an adult as abused or neglected to an adult protection agency or to any law enforcement agency, knowing that such information is false, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.
Any person who retaliates against an individual who reports adult abuse to an adult protection agency or to a law enforcement agency, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.
Domestic Abuse Aggravated Assault — La. R.S. 14:37.7
Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member upon another household member.
For purposes of this Section, “household member” means any person of the opposite sex presently living in the same residence, or living in the same residence within 5 years of the occurrence of the domestic abuse aggravated assault, with the defendant as a spouse, whether married or not, or any child presently living in the same residence or living in the same residence within 5 years immediately prior to the occurrence of the domestic abuse aggravated assault, or any child of the offender regardless of where the child resides.
Whoever commits the crime of domestic abuse aggravated assault shall be imprisoned at hard labor for not less than one year nor more than five years and fined not more than five thousand dollars.
This Subsection shall be cited as the “Domestic Abuse Aggravated Assault Child Endangerment Law”:
When the state proves, in addition to the elements of the crime as set forth above, that a minor child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence imposed by the court shall be 2 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
If you have been arrested for Domestic Abuse Aggravated Assault in the New Orleans area, contact our firm for a consultation. We are ready to defend you!