Is Remaining Where Forbidden a Felony in Louisiana?
Contents
Introduction
In the state of Louisiana, laws regarding trespassing and remaining in places where forbidden are designed to maintain public safety, prevent vandalism, and respect private property rights. When it comes to the severity of penalties for violating these laws, it is crucial to understand the specific offenses and their corresponding punishments.
What Does the Law Say?
According to Louisiana Revised Statute (RS) 14:63, it is illegal for anyone to remain in a place where they are forbidden to enter or remain by the owner, occupant, or person in control of the property. This includes private property, public buildings, and certain areas that are restricted.
The statute defines a "forbidden place" as:
- Any property or area where a person is prohibited from entering or remaining by the owner, occupant, or person in control
- Any public building or area that is closed to the public
- Any area designated as off-limits to the public
Is Remaining Where Forbidden a Felony in Louisiana?
In Louisiana, the severity of the punishment for remaining where forbidden depends on the specific circumstances and the individual’s prior criminal history. Here are the possible penalties:
- Misdemeanor: If the defendant has no prior convictions and the property is not inhabited, the offense is a misdemeanor punishable by up to 6 months in prison and a fine of up to $500.
- Misdemeanor: If the defendant has no prior convictions and the property is inhabited, the offense is a misdemeanor punishable by up to 6 months in prison and a fine of up to $500. However, if the defendant enters the inhabited property with the intention of committing a crime or causing damage, the punishment increases to up to 1 year in prison and a fine of up to $1,000.
- Felony: If the defendant has prior convictions or the property is a public building, the offense is a felony punishable by up to 5 years in prison and a fine of up to $5,000.
Table: Penalties for Remaining Where Forbidden in Louisiana
| Circumstances | Misdemeanor | Felony |
|---|---|---|
| No prior convictions, uninhabited property | 6 months prison, $500 fine | 5 years prison, $5,000 fine |
| No prior convictions, inhabited property | 6 months prison, $500 fine (or 1 year prison, $1,000 fine if intent to commit crime) | 5 years prison, $5,000 fine |
| Prior convictions, uninhabited property | 6 months prison, $500 fine | 5 years prison, $5,000 fine |
| Prior convictions, inhabited property | 6 months prison, $500 fine (or 1 year prison, $1,000 fine if intent to commit crime) | 5 years prison, $5,000 fine |
| Public building | 5 years prison, $5,000 fine |
Important Points to Keep in Mind
- Trespassing: While remaining where forbidden is a distinct offense, trespassing is a separate charge that carries its own penalties. In Louisiana, trespassing is punishable by up to 6 months in prison and a fine of up to $500 for a first offense.
- Private Property: Individuals have the right to designate their property as private, and violators can be charged with remaining where forbidden.
- Public Property: Public buildings, such as government offices, schools, and libraries, may be closed to the public, and violators can be charged with remaining where forbidden.
- Criminal History: Prior convictions can elevate the severity of the punishment for remaining where forbidden.
- Intent: The intent of the individual is crucial in determining the punishment. If an individual enters a property with the intention of committing a crime or causing damage, the punishment increases.
Conclusion
In Louisiana, remaining where forbidden is a serious offense that can carry significant penalties. It is essential to understand the laws and the potential consequences for violating them. Whether the offense is a misdemeanor or a felony, it is crucial to respect private property rights and public safety guidelines. By being aware of the laws and consequences, individuals can avoid running afoul of the law and maintain a safe and respectful community.
