Criminal law louisiana procedure statutory wests

In such instances, the court, in its discretion, may order the return of any bond posted, less reasonable costs, at the time of trial. If the complaint is made, by affidavit, to any magistrate authorized to issue search warrants in criminal cases, that the complainant has reason to believe that an animal has been or is being cruelly treated in violation of R. Said warrant may also authorize said officer to seize any animal believed to be cruelly treated and to take custody thereof. This section shall not be construed as a limitation on the power of law enforcement officers to seize animals as evidence at the time of the arrest.

When a living animal is impounded or confined, and continues without necessary food and water for more than twenty-four consecutive hours, any law enforcement officer may, as often as is necessary, enter any place in which the animal is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined.

Dogfighting; training and possession of dogs for fighting. Whoever violates any provision of Subsection A of this Section shall be fined not less than one thousand dollars nor more than twenty-five thousand dollars, or be imprisoned with or without hard labor for not less than one year nor more than ten years, or both.

Nothing in this Section shall prohibit any of the following activities:.

June 25, ; Acts , No. Therefore, fighting dogs seized in accordance with this Section are declared to be contraband and, notwithstanding R. Fighting dogs not destroyed immediately shall be disposed of in accordance with R. The custodian so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which the accused shall be required to appear for trial.

Any person claiming an interest in a seized animal may post a bond with the court in accordance with the provisions of R. Upon conviction of the person so charged, all dogs so seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same in accordance with R. The court may also in its discretion order the forfeiture of the bond posted, as well as payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized dog, as provided in R.

In the event of the acquittal or final discharge, without conviction, of the accused, the court shall, on demand, direct the delivery of the animals and other property so held in custody to the owner thereof and order the return of any bond posted pursuant to R. If complaint is made, by affidavit, to any magistrate authorized to issue search warrants in criminal cases, that the complainant has reason to believe that R.

This Section shall not be construed as a limitation on the power of law enforcement officers to seize animals or evidence at the time of arrest.

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Injuring or killing of a police animal is the intentional infliction of great bodily harm, permanent disability, or death upon a police animal. As used in this Section:. It shall be an affirmative defense to a prosecution under this Section when the injuring or killing of a police animal is committed with the reasonable belief by one not involved in or being apprehended for the commission of any offense or by one taken into custody that:. In addition to the foregoing penalties, a person convicted under this Section shall be ordered to make full restitution to the public safety agency suffering a financial loss from the injury or killing of a police animal.

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If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability. July 16, ; Acts , No. Interference with animal research; research laboratory or farm. Whoever commits the crime of interference with animal research shall, upon conviction, be fined not less than one thousand nor more than five thousand dollars and may be imprisoned, with or without hard labor, for not more than one year.

For the purposes of this Section, a "bear wrestling match" means a match or contest between one or more persons and a bear for the purpose of fighting or engaging in a physical altercation. Whoever commits the crime of bear wrestling shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. As used in this Section and R.


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If the municipality or parish does not have an animal control agency, it means whatever entity performs animal control functions. The enclosure shall be designed in order to prevent the animal from escaping. Credits Added by Acts , No. Hearing to determine if dog is dangerous or vicious.

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The district attorney, the sheriff, an animal control officer, or other designated representative, in the name of and on behalf of the parish and without the payment of any costs, shall be authorized to file a petition in the district court having jurisdiction requesting a hearing for the purpose of determining whether or not a dog should be declared dangerous as defined in R.

Upon the filing of the petition, the district judge shall immediately issue a rule on the owner of the dog to show cause why the dog should not be declared a dangerous or vicious dog. This rule shall, at the time of its issuance, be fixed for hearing not later than five days, including Sundays, half-holidays and holidays, from the date of its issuance, and shall be heard by preference over all other matters and cases fixed for the same day and shall be heard continuously day after day until submitted for adjudication.

Upon the showing made by the parties on the trial of the rule to show cause, the court shall determine whether the dog is a dangerous dog or a vicious dog and may make other orders authorized by this Section. In every case where the dog is established to be a dangerous dog, the court shall enter an order declaring the dog to be a dangerous dog and shall direct the owner of the dog to comply with conditions established for the restraint and confinement of the dog as provided by law.

In every case where the dog is established to be a vicious dog, the court shall enter an order declaring the dog to be a vicious dog and shall direct that the vicious dog be humanely euthanized. Any person who fails to restrain and confine a dangerous dog as ordered by the court shall be guilty of contempt and shall be fined not less than one hundred dollars nor more than five hundred dollars.

The pleading and practice in all cases under this Section shall be in accordance with the Code of Civil Procedure and the laws and rules of court governing practice before the district courts of this state. The owner of the dog may appeal to the court of competent jurisdiction an order of the district court determining the dog to be dangerous or vicious.

Such appeal shall be perfected within five calendar days from the rendition of the order and shall be made returnable to the appropriate appellate court in not more than fifteen calendar days from the rendition of the order. The applicant for the determination may appeal to the court of competent jurisdiction for an order reversing the order of the district court. No dog shall be declared dangerous or vicious if at the hearing authorized by this Section evidence presented is sufficient to establish any of the following:.

Louisiana Criminal Law and Procedure

The owner of a dog determined to be a vicious dog may be prohibited by the court from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted pursuant to this Section, that ownership or possession of a dog by that person would create a significant threat to the health, safety, or welfare of the public. It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog.

Wests Louisiana Statutory Criminal Law by Thomson West

A dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a secure enclosure. A dangerous dog may be off the owner's property only if it is restrained by a leash which prevents its escape or access to other persons. The owner of a dog determined by the court to be dangerous shall post signs around the secure enclosure no more than thirty feet apart and at each normal point of ingress and egress.

The signs shall bear the words "Beware of Dog", or "Dangerous Dog" in letters at least three and one-half inches high and shall be so placed as to be readily visible to any person approaching the secure enclosure. If the dog in question dies, or is sold, transferred, or permanently removed from the municipality or parish where the owner resides, the owner of a dangerous dog shall notify the animal control agency of the changed condition and new location of the dog in writing within two days.

Whoever violates the provisions of this Section shall be fined not more than three hundred dollars. For the purposes of this Section "vicious dog" means any dog which, when unprovoked, in an aggressive manner, inflicts serious bodily injury on or kills a human being and was previously determined to be a dangerous dog. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Dogs seized in accordance with this Section are declared to be contraband, and the officer may cause them to be impounded pending the hearing held pursuant to R.

A dog determined to be a vicious dog by the court shall be humanely euthanized by the animal control agency, a licensed veterinarian, or a qualified technician. A dog determined by the court to be a dangerous dog may be humanely euthanized if it is determined that the dog poses an immediate threat to public health and safety.

The owner of the dog shall be liable to the municipality or parish where the dog is impounded for the costs and expenses of keeping the dog if the dog is later adjudicated dangerous or vicious. Fraudulent remuneration La. Unlawful distribution, possession, or use of theft alarm deactivation devices La.

Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes La. Illegal transmission of monetary funds La. Government benefits fraud La. Issuing worthless checks La.

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Bank fraud La. Failure to pay bridge or bridge-causeway toll La. Mortgage fraud La. Homestead exemption fraud La. Forgery La. Use of forged academic records La.


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Forgery of a certificate of insurance or insurance identification card; penalties La. Monetary instrument abuse La. Identification of alleged offender La. Disposal of property with fraudulent or malicious intent La. Unlawful production, manufacture, distribution or possession of fraudulent postsecondary education degree La. Forgery of a motor vehicle inspection certificate; penalties La.

Commercial bribery La. Offenses against intellectual property La. Offenses against computer equipment or supplies La.

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Offenses against computer users La. Computer fraud La. Offenses against electronic mail service provider La. Computer tampering La. Unauthorized use of a wireless router system; pornography involving juveniles; penalty La. Criminal use of Internet, virtual, street-map; enhanced penalties La. Online impersonation La. Communication interference La. Trespass against state computers La. Criminal neglect of family La. Right of action La. Disarming of a peace officer la r. Battery of a dating partner La RS Aggravated assault upon a dating partner la r.

Battery of a child welfare or adult protective service worker la r. Harassment of a school or recreation athletic contest official la r. Trafficking of children for sexual purposes La. Entry or remaining on site of a school or recreation athletic contest after being forbidden la r. Armed robbery La RS First degree robbery La RS Carjacking La RS Armed robbery; attempted armed robbery; use of firearm; additional penalty La RS Second degree robbery La RS Simple robbery La RS Purse snatching La RS Extortion La RS Theft La RS Credit card fraud by persons authorized to provide goods and services La RS Theft of a firearm La RS Identity theft La RS Theft of a motor vehicle La RS Unauthorized use of a movable La RS Unauthorized use of a motor vehicle La RS Unauthorized ordering of goods or services La RS Receipts and universal product code labels; unlawful acts la RS Illegal possession of stolen things La RS Illegal possession of stolen firearms La.