Louisiana Stalking Laws
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.
After someone is arrested for stalking, the court shall consider whether the defendant poses a threat or danger to the victim when setting bond. If the court determines that the defendant poses such a threat or danger, the court shall issue a protective order. In addition, the court may order the defendant to be equipped with a global positioning monitoring system as a condition of release on bail.
First Conviction: fined $500.00 to $1,000.00 and shall be imprisoned for 30 days to 1 year.
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.
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.
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 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.
A conviction for stalking shall not be subject to expungement because it is a Crime of Violence under the Louisiana Code.
New Orleans Stalking Defense Attorney
Elizabeth B. Carpenter is an Attorney who has represented many people accused of Stalking in the New Orleans area.