The Crime of Stalking in Caddo Parish, Louisiana
In Caddo Parish and in all other parts of Louisiana, stalking is a crime. For a first offense, a conviction can result in a jail term from thirty days up to a year plus a fine of between $500 and $1,000 or both. In addition, a person convicted shall be required to undergo a psychiatric evaluation, and there can be no suspended sentence or probation unless the person convicted participates in court-approved counseling, which will likely include anger management programs, abusive behavior intervention groups, and/or other types of counseling.
Further, where appropriate for the protection of the victim, a written notice can be sent to the convicted person's employer describing the conduct on which the conviction was based, and protective orders can be issued to protect the victim from further stalking. If the victim is under the age of 18, the punishments can be up to 3 years in prison, with or without hard labor, a fine of up to $2,000, or both. If the victim is under the age of 13, punishments can be between 1 and 3 years in prison, with or without hard labor, a fine of between $1,500 and $5,000, or both. If you are charged with stalking, contact an experienced Shreveport criminal defense attorney here at the Law Offices of Philip B. Adams. Our offices are in Shreveport, Louisiana.
In Louisiana, stalking is defined as "... the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress." See La. Rev. Stat., §14:40.2. The statute provides examples including:
Intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school
Repeated verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, etc.
Note that the creation of feelings of alarm or emotional distress can be related to a fear of harm for the victim OR for a member of the victim's family OR for any person with whom the victim is acquainted.
Repeat offenders
A second repeat offense is defined as a second conviction for stalking occurring within seven years of the previous conviction. Note that the second offense need not be with respect to the first victim. For a second offense, the potential incarceration, with or without hard labor, is from 5 to 20 years, without the benefit of probation, parole, suspension of sentence, a fine of up to $5,000, or both. For a third or subsequent conviction, the person convicted faces imprisonment, with or without hard labor, from 10 to 40 years, a fine of up to $5,000, or both.
Cyberstalking
Cyberstalking is also a crime in Louisiana. See La. Rev. Stat., §14:40.3. The definition of cyberstalking is similar to in-person stalking as described above but involves computers, the internet, electronic communication devices, etc. However, the punishments are less severe (in theory, because there is little or no physical threat involved in cyberstalking). Upon conviction, a person faces the following punishments:
First offense: potential jail term of up to one year, a fine of up to $2,000 or both
Second offense within 7 years of the first conviction: potential jail term of at least 180 days up to 3 years, a fine of up to $5,000 or both
Third or subsequent offense: potential jail term of between 2 and 5 years, a fine of up to $5,000 or both
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.