Criminal Statutes

Re-Homing of a Child – Louisiana Law

 

 

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.

 

Penalty

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 Transportation in Exchange for Sexual Intercourse

 

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.

 

Residential Contractor Fraud – Louisiana

 

New Statute, Residential Contractor Fraud

 

By: Elizabeth B. Carpenter 

 

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.

 

Penalties

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.

 

 

Fraud By Wire, Radio, Television — Federal Law

Federal Criminal Defense Attorney Louisiana

 

 

 Fraud By Wire, Radio, or Television — 18 USC § 1343

 

Devising or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice.

 

The elements of of this offense are directly parallel those of the Mail Fraud Statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme.

 

Penalty

A fine or imprisonment of not more than 20 years, or both.

If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency, or affects a financial institution.

Fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

 

If you have been indicted for a federal crime, contact our law firm for a consultation. We are ready to start building your defense today!

 

 

Bank Fraud — Federal Law

 

New Orleans Federal Defense Attorney

 

This past week, a former LSU football player pled guilty to Bank Fraud in the US Court for the Eastern District of Louisiana.  Lucky for him, Robert Packnett avoided jail time and was sentenced to 5 years federal probation.  He was also ordered to pay approximately $233,000 in restitution.  His indictment to Bank Fraud arose from the practice of Mortgage Fraud.  According to the indictment, between 2011 and 2012 he submitted doctored documents to First NBC Bank overstating his income. He also applied for at least six mortgages, refinanced mortgages and commercial lines of credit. In order to qualify for these mortgages, Packnett had to submit proof of income; he submitted documentation overstating the monthly rental payments he received from tenants, as well as claiming income from properties that were in fact vacant.

 

Bank Fraud — 18 USC § 1344

What is Federal Bank Fraud?

 

Whoever knowingly executes, or attempts to execute, a scheme or artifice-

 

(1) to defraud a financial institution; or

(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.

The criminal law elements of a violation of 18 U.S.C. § 1344 (1) bank fraud which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:

 

  • The defendant knowingly executed or attempted to execute a scheme or artifice to defraud.
  • The defendant did defraud or attempt to defraud the financial institution.
  • The defendant used a material misrepresentation or concealment of a material fact as part of the scheme or attempted scheme.
  • The financial institution was insured or chartered by the federal government.

The criminal law elements of a violation of 18 U.S.C. § 1344 (2) bank fraud which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:

  • The defendant knowingly executed or attempted to execute a scheme or artifice to obtain the money (or other property) owned by, or under the custody or control of, a financial institution.
  • The defendant used materially false or fraudulent pretenses, representations, or promises in the execution or attempted execution of the scheme.
  • The financial institution was insured or chartered by the federal government.

 

What is the penalty for federal bank fraud?

 

Fine of not more than $1,000,000 or imprisoned not more than 30 years, or both.

 

 

There are a number of other federal statutes prohibiting fraud against banks or other similar financial institutions, including, but not necessarily limited to, the following:

  • 18 U.S.C. § 1004. Certification of checks.
  • 18 U.S.C. § 1005. Bank entries, reports and transactions.
  • 18 U.S.C. § 1006. Federal credit institution entries, reports and transactions.
  • 18 U.S.C. § 1007. Federal Deposit Insurance Corporation transactions.
  • 18 U.S.C. § 1013. Farm loan bonds and credit bank debentures.
  • 18 U.S.C. § 1014. Loan and credit applications generally; renewals and discounts; crop insurance.
  • 18 U.S.C. § 1029. Fraud and related activity in connection with access devices.
  • 18 U.S.C. § 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution.

 

 

If you or a loved one has been indicted for Bank Fraud call White Collar Defense Attorney.

 

 

Abuse and Neglect of Adults — Louisiana Law

 

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 — Louisiana Law

 

 

DOMESTIC ABUSE LAW LOUISIANA

 

 

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.

 

Penalty

 

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!

 

 

 

Inciting a Felony — Louisiana Law

 

 

What is Inciting a Felony?

 

Inciting a felony is a crime that is defined by La. R.S. 14:28  —   Inciting a felony is the endeavor by one or more persons to incite or procure another person to commit a felony.

 

What are the penalties?

 

Whoever commits the crime of inciting a felony shall be fined not more than 1,000.00 thousand dollars, or imprisoned, with or without hard labor, for not more than 2 years, or both.

If an offender over the age of 17 years commits the crime of inciting a felony by endeavoring to incite or procure a person under the age of 17 years to commit a felony, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than 5 years.

 

If you or a loved one has been arrested for Inciting a Felony, contact Attorney Elizabeth Bagert Carpenter.  Let her experience and skill help you at this difficult time.

 

Obstructing Public Passage — Louisiana Law

 

 

 

 

Obstructing Public Passages — La. R.S. 14:100.1

 

No person shall wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, water craft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.

Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both fined and imprisoned.

This Section shall not be applicable to the erection or construction of any barricades or other forms of obstructions as a safety measure in connection with construction, excavation, maintenance, repair, replacement or other work, in or adjacent to any public sidewalk, street, highway, bridge, alley, road, or other passageway, nor to the placing of barricades or other forms of obstruction by governmental authorities, or any officer or agent thereof, in the proper performance of duties.

 

 

Obstruction Of A Highway Of Commerce — Louisiana Law

 

 

What is criminal Obstruction of a Highway?

 

 

The crime Obstruction of a Highway can be either a felony or misdemeanor in the state of Louisiana.  The difference between the two offenses is that human life might be endangered in the felony offense, while there is not threat to human life in the misdemeanor offense.

 

Felony — Aggravated Obstruction Of A Highway — La. R.S. 14:96

 

Aggravated obstruction of a highway of commerce is the intentional or criminally negligent placing of anything, or performance of any act, on any railway, railroad, navigable waterway, road, highway, thoroughfare, or runway of an airport, wherein it is foreseeable that human life might be endangered.

Whoever commits the crime of aggravated obstruction of a highway of commerce shall be imprisoned, with or without hard labor, for not more than 15 years.

 

Misdemeanor — Simple Obstruction Of A Highway Of Commerce — La. R.S. 14:97

 

Simple obstruction of a highway of commerce is the intentional or criminally negligent placing of anything or performance of any act on any railway, railroad, navigable waterway, road, highway, thoroughfare, or runway of an airport, which will render movement thereon more difficult.

Whoever commits the crime of simple obstruction of a highway of commerce shall be fined not more than $200.00 dollars, or imprisoned for not more than 6 months, or both.

 

If you wish to speak with an attorney, contact Attorney Elizabeth B. Carpenter for a consultation.

 

 

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