LOUISIANA
Rev. Stat. Section 14:40.2. STALKING. 1992. Amended 1997.
A. Stalking is the willful, malicious, and repeated following or harassing of another person, with the intent to place that person in fear of death or serious bodily injury.
B. (1) Whoever commits the crime of stalking may be imprisoned or not more than one year or fined not more than two thousand dollars, or both.
(2) Any person who commits the offense of stalking and who is found by the trier of fact, whether the jury at a jury trial, the judge at a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the victim of the stalking in fear of death or bodily injury by the actual use of or the defendant's having in his possession during the instances which make up the crime of stalking, a dangerous weapon shall be fined one thousand dollars or imprisoned with or without hard labor for one year, or both. Whether or not the defendant's use of or his possession of the dangerous weapon is a crime or, if a crime, whether or not he is charged for that offense separately or in addition to the crime of stalking shall have no bearing or relevance as to the enhanced sentence under the provisions of this Paragraph.
(3) Any person who commits the offense of stalking against a person for whose benefit a protective order, a temporary restraining order or an injunction is in effect in either a civil or criminal proceeding, protecting the victims of the stalking from acts by the offender which would otherwise constitute the crime of stalking, shall be punished by imprisonment for not less than ninety days and not more than two years and fined not more than five thousand dollars, or both.
(4) Upon a second conviction occurring within seven years of a prior conviction for stalking of the same victim, the offender shall be imprisoned with or without hard labor for not less than one hundred eighty days and not more than three years, and may be fined not more than five thousand dollars, or both.
(5) Upon a third or subsequent conviction occurring within seven years of of a prior conviction for stalking, the offender shall be imprisoned with or without hard labor for not less than two years and not more than 5 years, and may be fined for not more than five thousand dollars, or both.
(6)(a) Any person thirteen years of age or older who commits the crime of stalking against a child twelve years of age or younger and who is found by the trier of fact, whether the jury at a jury trial, the judge at a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the child in reasonable fear of death or bodily injury, or in reasonable fear of the death or bodily injury of a family member of the child shall be punished by imprisonment for not less than one year and not more than three years and fined not less than fifteen hundred dollars and not more than five thousand dollars, or both.
(b) Lack of knowledge of the child's age shall not be a defense.
C. For the purposes of this Section, the following words shall have the following meanings:
(1) 'Harassing' means engaging in a knowing and willful pattern of conduct directed at a specific person which seriously alarms, annoys, or distresses the person, and which serves no legitimate purpose. The conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the person.
(2) `Pattern of conduct' means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct.
(D) As used in this section, when the victim of the stalking is a child twelve years old or younger:
(1) Pattern of conduct includes repeated acts of nonconsensual contact involving the victim or a family member.
(2) Family member includes:
(a) A child, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption.
(b) A person who lives in the same household as the victim
(3)(a) Nonconsensual contact means any contact with a child twelve years old or younger that is initiated or continued without the child's consent, that is beyond the scope of the consent provided by that child, or that is in disregard of that child's expressed desire that the contact be avoided or discontinued.
(b) Nonconsensual contact includes:
(i) Following or appearing within the sight of that child.
(ii) Approaching or confronting that child in a public place or on private property.
(iii) Appearing at the residence of that child.
(iv) Entering onto or remaining on property occupied by that child.
(v) Contacting that child by telephone.
(vi) Sending mail or electronic communications to that child.
(vii) Placing an object on, or delivering an object to, property occupied by that child.
(c) Nonconsensual contact does not include any otherwise lawful act by a parent, tutor, caretaker, mandatory reporter, or other person having legal custody of the child as those terms are defined in the Louisiana Children's Code.
(4) Victim means the child who is the target of the stalking.
In June 2001, SB 196 was enacted into law. More specifically, the new legislation redefines the crime of stalking by eliminating the specific intent requirement and by lowering the level of fear the victim must experience as a result of the conduct. The statute imposes minimum and mandatory penalties for first-time convictions and requires any person convicted of stalking to undergo a psychiatric evaluation. The new law also broadens the definition of harassing behavior to include telephone calls, e-mail, messages conveyed through third parties, pictures, and letters.
