Law: Improper supervision of a minor by parent or legal custodian
Improper supervision of a minor by a parent or legal custodian includes any of the following:
1. Through criminal negligence, the permitting of the minor to associate with a person known by the parent or custodian:
(a) To be a member of a known criminal street gang.
(b) To have been convicted of a felony offense – Does not apply to an immediate family member who lives in the household with the minor or other relative who is supervised by the parent or legal custodian when visiting with the minor.
(c) To be a known user or distributor of drugs in violation of the Uniform Controlled Dangerous Substances Law.
(d) To be a person who possesses or has access to an illegal firearm, weapon, or explosive.
2. Through criminal negligence, the permitting of the minor:
(a) To enter premises known by the parent or custodian to be a place where sexually indecent activities or prostitution is practiced.
(b) To violate a local or municipal curfew ordinance.
(c) To habitually be absent or tardy from school pursuant to the provisions without valid excuse. See Below*
(d) To enter the premises known by the parent or legal custodian as a place of illegal drug use or distribution activity.
(e) To enter the premises known by the parent or legal custodian as a place of underage drinking or gambling.
(f) To enter the premises known by the parent or legal custodian as a place which stores or has a person present who possesses an illegal firearm, weapon, or explosive.
(3) Any violation by commission or omission of a court-ordered safety plan.
(4) Causing or permitting an unlicensed minor to drive a motor vehicle or power cycle upon any public road or highway in this state when the unlicensed minor is involved in a collision which results in the serious bodily injury or death of another person. “Serious bodily injury” means a bodily injury which involves unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
Penalties / Sentencing
Whoever violates the provisions of this Section shall be fined not less than 25.00 and not more than 250.00 dollars for each offense, or imprisoned for not more than 30 days, or both. A minimum condition of probation shall be that the offender participate in 40 hours of court-approved community service activities, or a combination of 40 hours of court-approved community service and attendance at a court-approved family counseling program by both a parent or legal custodian and the minor.
Whoever violates the provision of Paragraph 3 above shall be sentenced to imprisonment for not more than 6 months or a fine of $500.00, or both. Whoever violates the provisions of Paragraph 3, which results in injury to the child that requires medical attention or death of the child, shall be punished by imprisonment for 2 years with or without hard labor.
Whoever violates the provisions of Paragraph 4 above shall be punished by a fine of not less than $500.00 nor more than $1,000, or imprisonment for up to 6 months, or both.
*Whoever violates the provisions of Subparagraph (A)(2)(c) of this Section, shall be fined not less than twenty-five dollars and not more than two hundred fifty dollars for each offense, or imprisoned for not more than 30 days, or both. The court shall impose a minimum condition of probation which may include that the parent or legal custodian participate in 40 hours of school or community service activities, or a combination of 40 hours of school or community service and attendance in parenting classes or family counseling sessions or programs approved by the court having jurisdiction, as applicable, or the suspension of any state-issued recreational license.
If you have been accused of Improper Supervision of a Minor in the New Orleans area, contact a Louisiana Criminal Defense Attorney for assistance. 504-599-5955
Contributing to the Delinquency of Juveniles