Misdemeanor Sexual Battery — Louisiana Law

  Misdemeanor Sexual Battery During the 2015 legislative session, Louisiana lawmakers created the crime of misdemeanor sexual battery.  This offense is defined as the following:   The intentional touching of the breasts or buttocks of the victim by the offender, or the offender by the victim, using any instrumentality or any part of the body of the offender, directly or through clothing, when the offender acts without the consent of the victim.   Anyone who is convicted of this offense is not eligible to have the conviction set aside or have the prosecution dismissed.  In other words. the person may [...]

Bankruptcy Fraud: An Overview

  Federal Bankruptcy Fraud Bankruptcy fraud is a federal criminal offense. These cases are investigated by the United States Trustee Program, which is a component of the Department of Justice responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. §586 and 11 U.S.C. §101, et seq. It consists of 21 regional U.S. Trustee Offices nationwide and an Executive Office for U.S. Trustees (EOUST) in Washington, DC. The laws pertaining to bankruptcy fraud are broad but can be boiled down to a few categories: people who have lied under oath or provided false documentation during their [...]

Federal Carjacking Laws

  Carjacking Crimes -- Federal Law The statute for federal carjacking is found at 18 U.S.C.A. § 2119. Under federal law, carjacking is the taking of a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, commits an offense. The offender must have the intent to cause death or serious bodily injury. . The interstate commerce connection is established by the movement of the vehicle in interstate or foreign commerce. To establish a nexus with interstate commerce it [...]

Medicare Fraud and Abuse

  Medicare Fraud and Abuse New Orleans Attorney Medicare fraud is typically characterized by: Knowingly submitting false statements or making misrepresentations of fact in order to obtain a federal health care payment for which no entitlement would otherwise exist; Billing for services not rendered or supplies not furnished, including falsifying records. Knowingly billing for services at a level of complexity higher than the service actually provided. Knowingly soliciting, paying, and/or accepting remuneration to induce or reward referrals for items or services reimbursed by Federal health care programs; or Making prohibited referrals for certain designated health services. One does not have [...]

Making Threats Against the President of the United States

  Threats against President and Vice President 18 U.S. Code § 871 Under federal law, it is a crime to knowingly and willfully threaten the President of the United States.  This includes the following acts: Sending, mailing any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States. This offense also includes threats against the President-elect, the Vice President, Vice-President-elect or another officer next in the order of succession to the office of President of the United States, Penalty Anyone found [...]

First Degree Vehicular Negligent Injuring Law – Louisiana

    First Degree Vehicular Negligent Injuring -- 14:39.2 First degree vehicular negligent injuring is the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of the following conditions exists: (1)  The offender is under the influence of alcoholic beverages. (2)  The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood. (3)  The [...]

Vehicular Negligent Injuring – Louisiana Law

  Vehicular Negligent Injuring -- La R.S. 14:39.1 Vehicular Negligent Injuring is the inflicting of any injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of the following conditions exists: (1) The offender is under the influence of alcoholic beverages. (2) The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood. (3) The offender is [...]

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 non-relative, without court approval, unless Subsection B of this Section applies. Actions include but are [...]

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 [...]

By |2015-05-06T06:48:57+00:00January 23rd, 2015|Categories: Crimes Defined, Criminal Statutes, Sex Crimes|Tags: |

Residential Contractor Fraud – Louisiana Law

  During the 2014 legislative session, the Louisiana law makers repealed the statute for Home Improvement Fraud and replaced it with Residential Contractor Fraud.   Louisiana Residential Contractor Fraud Statute-- 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 [...]