Louisiana Burglary Laws

 

Overview of Louisiana Burglary Laws

Burglary in Louisiana is defined as the unlawful entry into a structure with intent to commit crime inside.  Burglary frequently occurs when there are no witnesses or victims present to actually identify the perpetrator. Therefore, false accusations occur regularly.  THESE CRIMES ARE FELONIES, it is crucial that you retain an experienced lawyer to thoroughly examine your case  and determine if there are any weaknesses in the state’s evidence.  As you will see below,  there are many different factors that can enhance or diminish the seriousness of the particular burglary charge.  A skilled lawyer is necessary to explain the law to you, form an appropriate defense and guide you through the whole legal process.

 home-burglary

An explanation of the following types of Burglary from the La. Criminal Code:

  •  Simple Burglary — La R.S. 14:62
  • Aggravated Burglary — La R.S. 14:60
  • Unauthorized Entry of a Critical Infrastructure — La R.S. 14:61
  •  Simple Burglary of a Pharmacy — La R.S. 14:62.1
  • Simple Burglary of an Inhabited Dwelling — La R.S. 14:62.3
  • Unauthorized Entry of a Place of Business — La R.S. 14:62.4
  • Looting — La R.S. 14:62.5
  • Simple Burglary of a Religious Building — La R.S. 14:62.6
  • Unauthorized Entry of a Dwelling During an Emergency or Disaster — La R.S. 14:62.7
  • Unauthorized Entry of an Inhabited Dwelling — 14.62.3
  •  Home Invasion La R.S. 14:62.8 — La R.S.  14:62.8
  • Simple Burglary of a Law Enforcement or Emergency Vehicle — La R.S. 14:62.9

Simple Burglary — La R.S. 14:62

Simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set forth below in R.S. 14:60 (Aggravated burglary).  It is a felony.

Whoever commits the crime of Simple Burglary shall be fined not more than $2,000 , imprisoned with or without hard labor for not more than 12 years, or both.

Aggravated Burglary — La R.S. 14:60

Aggravated burglary is the unauthorized entering of any inhabited dwelling, or of any structure, water craft, or movable where a person is present, with the intent to commit a felony or any theft therein, under any of the following circumstances:

  • Is armed with a dangerous weapon; or
  • After entering arms himself with a dangerous weapon; or
  • Commits a battery upon any person while in such place, or in entering or leaving such place.

Whoever commits the crime of Aggravated Burglary shall be imprisoned at hard labor for 1 to 30 years.  It is a felony.

Unauthorized Entry of a Critical Infrastructure — La R.S. 14:61

Unauthorized entry of a critical infrastructure includes the following:

    (1) The intentional entry by a person without authority into any structure or onto any premises, belonging to another, that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier.

(2) The use or attempted use of fraudulent documents for identification purposes to enter a critical infrastructure.

(3) Remaining upon or in the premises of a critical infrastructure after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person.

(4) The intentional entry into a restricted area of a critical infrastructure which is marked as a restricted or limited access area that is completely enclosed by any type of physical barrier when the person is not authorized to enter that restricted or limited access area.

A “critical infrastructure” is defined as:

  • Chemical manufacturing facilities;
  • Refineries;
  • Electrical power generating facilities;
  • Water intake structures and water treatment facilities;
  • Natural gas transmission compressor stations;
  • LNG terminals and storage facilities; and
  • Transportation facilities, such as ports, railroad switching yards, and trucking terminals.

Whoever commits the crime of unauthorized entry of a critical infrastructure shall be imprisoned with or without hard labor for not more than five years, fined not more than one thousand dollars, or both.

 Simple Burglary of a Pharmacy — La R.S. 14:62.1

During the 2017 legislative session, Louisiana lawmakers completely repealed this statute. Commencing August 1, 2017, the following crime no longer exists. This offense is now prosecuted under La R.S. 14:67.

§62.1. Repealed by Acts 2017, No. 281, §3

Simple Burglary of an Inhabited Dwelling La R.S. 14:62.2

Simple burglary of an inhabited home is the unauthorized entry of any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein.

Whoever commits the crime of simple burglary of an inhabited dwelling shall be imprisoned at hard labor for not less than 1 year nor more than 12  years.  It is a felony.

 Unauthorized Entry of a Place of Business — La R.S. 14:62.4

Unauthorized entry of a place of business is the intentional entry by a person without authority into any structure or onto any premises, belonging to another, that is completely enclosed by any type of physical barrier that is at least six feet in height, or by a combination of any type of physical barrier that is at least six feet in height and a lake, river, bayou, or other body of water, and that is used in whole or in part as a place of business.  Nothing in this Section shall prohibit the ability of a person to dock a boat, vessel, or other watercraft on the bank of a navigable waterway for a reasonable period of time under any of the following circumstances:

(1)  The watercraft is experiencing a mechanical or operating problem.

(2)  Any person aboard the watercraft is experiencing a medical emergency.

(3)  Any other condition exists that prevents the watercraft from proceeding on the waterway.

Whoever commits the crime of unauthorized entry of a place of business shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than 6 years, or both.

Looting — La R.S. 14:62.5

Looting is the intentional entry by a person without authorization into any dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person, or any structure belonging to another and used in whole or in part as a place of business, or any vehicle, watercraft, building, plant, establishment, or other structure, movable or immovable, in which normal security of property is not present by virtue of a hurricane, flood, fire, act of God, or force majeure of any kind, or by virtue of a riot, mob, or other human agency, and the obtaining or exerting control over or damaging or removing property of the owner.

Whoever commits the crime of looting shall be fined not more than $10,000 or imprisoned at hard labor for not more than 15 years, or both.  It is a Felony.

Whoever commits the crime of looting during the existence of a state of emergency, which has been declared pursuant to law by the governor or the chief executive officer of any parish, may be fined not less than five thousand dollars nor more than ten thousand dollars and shall be imprisoned at hard labor for not less than three years nor more than fifteen years without benefit of probation, parole, or suspension of sentence.

Whoever commits the crime of looting during the existence of a state of emergency, which has been declared pursuant to law by the governor or the chief executive officer of any parish, may be fined not less than five thousand dollars nor more than ten thousand dollars and shall be imprisoned at hard labor for not less than three years nor more than fifteen years without benefit of probation, parole, or suspension of sentence.

Simple Burglary of a Religious Building — La R.S. 14:62.6

During the 2017 legislative session, Louisiana lawmakers completely repealed this statute. Commencing August 1, 2017, the following crime no longer exists. This offense is now prosecuted under La R.S. 14:67.

§62.6. Repealed by Acts 2017, No. 281, §3

Unauthorized Entry of an Inhabited Dwelling — 14.62.3

Unauthorized entry of an inhabited dwelling is the intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person.

Whoever commits the crime of unauthorized entry of an inhabited dwelling shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than 6 years, or both.  It is a Felony.

 Unauthorized Entry of a Dwelling During an Emergency or Disaster — La R.S. 14:62.7

Unauthorized entry of a dwelling during an emergency or disaster is the intentional entry by a person without authorization into any dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person when the dwelling or other structure is located in a parish where the governor has declared a disaster or emergency pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act (R.S. 29:721 et seq.).

 The provisions of this Section shall not apply to the following:

  • Any law enforcement or rescue personnel providing rescue or emergency disaster services.
  • Any person entering a dwelling for the purposes of survival or awaiting evacuation or rescue within seventy-two hours of the occurrence of the disaster or emergency which resulted in the declaration of disaster or emergency.

Whoever commits the crime of unauthorized entry of a dwelling during an emergency or disaster shall be fined not more than $1,500.00 or imprisoned with or without hard labor for not more than 1 year, or both.

Home Invasion — La R.S.  14:62.8

Home invasion is the unauthorized entering of any inhabited dwelling, or other structure belonging to another and used in whole or in part as a home or place of abode by a person, where a person is present, with the intent to use force or violence upon the person of another or to vandalize, deface, or damage the property of another.

Whoever commits the crime of home invasion shall be fined not more than $5,000 thousand dollars and shall be imprisoned at hard labor for not less than 1 year nor more than 30 years.

Home Invasion is a Crime of Violence under the Louisiana Code.

Simple Burglary of a Law Enforcement or Emergency Vehicle — La R.S. 14:62.9

During the 2017 legislative session, Louisiana lawmakers completely repealed this statute. Commencing August 1, 2017, the following crime no longer exists. This offense is now prosecuted under La R.S. 14:67.

§62.9. Repealed by Acts 2017, No. 281, §3

Please follow and like us:
This website uses cookies and third party services. Ok