What is the Law on Trespass in Louisiana and what are the Punishments for it?
In Louisiana, unauthorized entry to a property can lead to trespass charges and penalties if found guilty by the court.
According to the law of Louisiana, it is unlawful to enter any property, watercraft, or structure owned by someone else without permission. Punishments for criminal trespass in the state may differ based on whether it was a first offense for the convicted or if the person had a past history of a similar kind of criminal behavior. Yet, even if it is a first offense for the convicted, he/she may have to serve a maximum prison term of 30 days in Louisiana.
When a person is convicted for criminal trespass, it can lead to a criminal record and fines along with the possibility of jail time. Hence, it is recommended to get in touch with a seasoned criminal defense attorney if a person has been slapped with a charge of criminal trespass.
Criminal Trespass in Louisiana: What is Prohibited According to the Law
- No individual will enter any movable property, watercraft, or structure, which is owned by someone else except for implied, legal, or express authorization.
- No individual will enter into another person’s immovable property without implied, legal, or express authorization.
- A person shall not remain upon or in immovable or movable property owned by someone else without implied, legal, or express authorization.
- The prosecution will enjoy an affirmative defense when any of the above subsections of this section are violated and the offender had implied, legal, or express authority to remain in the immovable or the movable property.
People Who may Enter Another Person’s Property
Check out some of the persons mentioned below who may remain or enter upon the immovable or movable property, watercraft, or the structure of the other person:
- A law enforcement officer who is duly commissioned and is performing his/her duties.
- A firefighter irrespective of having a membership of any fire department or a volunteer, as well as, any agent or employee of the state Department of Agriculture & Forestry involved in suppressing and locating a fire.
- Any emergency medical personnel who has to render medical service to a person.
- Any employee of local, state, or federal government, an employee of public utility service, or agent that is involved in handling or suppressing an emergency, which imposes an imminent risk to the environment, health, or human safety.
- Any employee of local, state, or federal government, agent, or public utility employee while performing their duties that is otherwise permitted by state law to remain or enter on movable or immovable property.
- A person the court authorizes to remain or enter on immovable property.
- An individual exercising his/her passage right to an enclosed property as provided by the state law.
Punishments for Criminal Trespass in Louisiana
- In case a person is found guilty of criminal trespass for the first time, he/she can be penalized by a maximum prison term of a month and a fine amount between 100 USD and 500 USD.
- When the offense of criminal trespass is committed by a person for the second time, the maximum jail term can be 90 days and a fine amount between 500 USD and 750 USD.
- When the offense is for the third time or more, the guilty may have to serve prison term between sixty days and 6 months and a fine amount between 500 USD and 1,000 USD.
There are several occasions when a person can be slapped with a charge of criminal trespass in the state due to a misunderstanding. Hence, it is crucial to understand one’s rights and the possible consequence of being convicted of criminal trespass.