Louisiana Laws - Louisiana State Legislature (2022)

§35.3. Domestic abuse battery

A. Domestic abuse battery is the intentional use of force or violence committed byone household member or family member upon the person of another household member orfamily member.

B. For purposes of this Section:

(1) "Burning" means an injury to flesh or skin caused by heat, electricity, friction,radiation, or any other chemical or thermal reaction.

(2) "Community service activities" as used in this Section may include duty in anymorgue, coroner's office, or emergency treatment room of a state-operated hospital or otherstate-operated emergency treatment facility, with the consent of the administrator of themorgue, coroner's office, hospital, or facility.

(3) "Court-monitored domestic abuse intervention program" means a program,comprised of a minimum of twenty-six in-person sessions occurring over a minimum oftwenty-six weeks, that follows a model designed specifically for perpetrators of domesticabuse. The offender's progress in the program shall be monitored by the court. The providerof the program shall have all of the following:

(a) Experience in working directly with perpetrators and victims of domestic abuse.

(b) Experience in facilitating batterer intervention groups.

(c) Training in the causes and dynamics of domestic violence, characteristics ofbatterers, victim safety, and sensitivity to victims.

(4) "Family member" means spouses, former spouses, parents, children, stepparents,stepchildren, foster parents, foster children, other ascendants, and other descendants. "Family member" also means the other parent or foster parent of any child or foster child ofthe offender.

(5) "Household member" means any person presently or formerly living in the sameresidence with the offender and who is involved or has been involved in a sexual or intimaterelationship with the offender, or any child presently or formerly living in the same residencewith the offender, or any child of the offender regardless of where the child resides.

(6) Repealed by Acts 2019, No. 2, §3.

(7) "Strangulation" means intentionally impeding the normal breathing or circulationof the blood by applying pressure on the throat or neck or by blocking the nose or mouth ofthe victim.

C. On a first conviction, notwithstanding any other provision of law to the contrary,the offender shall be fined not less than three hundred dollars nor more than one thousanddollars and shall be imprisoned for not less than thirty days nor more than six months. Atleast forty-eight hours of the sentence imposed shall be served without benefit of parole,probation, or suspension of sentence. Imposition or execution of the remainder of thesentence shall not be suspended unless either of the following occurs:

(1) The offender is placed on probation with a minimum condition that he serve fourdays in jail and complete a court-monitored domestic abuse intervention program, and theoffender shall not own or possess a firearm throughout the entirety of the sentence.

(2) The offender is placed on probation with a minimum condition that he performeight, eight-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possessa firearm throughout the entirety of the sentence.

D. On a conviction of a second offense, notwithstanding any other provision of lawto the contrary, regardless of whether the second offense occurred before or after the firstconviction, the offender shall be fined not less than seven hundred fifty dollars nor more thanone thousand dollars and shall be imprisoned with or without hard labor for not less thansixty days nor more than one year. At least fourteen days of the sentence imposed shall beserved without benefit of parole, probation, or suspension of sentence, and the offender shallbe required to complete a court-monitored domestic abuse intervention program. Impositionor execution of the remainder of the sentence shall not be suspended unless either of thefollowing occurs:

(1) The offender is placed on probation with a minimum condition that he servethirty days in jail and complete a court-monitored domestic abuse intervention program, andthe offender shall not own or possess a firearm throughout the entirety of the sentence.

(2) The offender is placed on probation with a minimum condition that he performthirty eight-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possessa firearm throughout the entirety of the sentence.

E. On a conviction of a third offense, notwithstanding any other provision of law tothe contrary and regardless of whether the offense occurred before or after an earlierconviction, the offender shall be imprisoned with or without hard labor for not less than oneyear nor more than five years and shall be fined two thousand dollars. The first year of thesentence of imprisonment shall be imposed without benefit of probation, parole, orsuspension of sentence.

F.(1) Except as otherwise provided in Paragraph (2) of this Subsection, on aconviction of a fourth or subsequent offense, notwithstanding any other provision of law tothe contrary and regardless of whether the fourth offense occurred before or after an earlierconviction, the offender shall be imprisoned with hard labor for not less than ten years normore than thirty years and shall be fined five thousand dollars. The first three years of thesentence of imprisonment shall be imposed without benefit of probation, parole, orsuspension of sentence.

(2) If the offender has previously received the benefit of suspension of sentence,probation, or parole as a fourth or subsequent offender, no part of the sentence may beimposed with benefit of suspension of sentence, probation, or parole, and no portion of thesentence shall be imposed concurrently with the remaining balance of any sentence to beserved for a prior conviction for any offense.

G.(1) For purposes of determining whether an offender has a prior conviction forviolation of this Section, a conviction under this Section, or a conviction under the laws ofany state or an ordinance of a municipality, town, or similar political subdivision of anotherstate which prohibits the intentional use of force or violence committed by one householdmember, family member, or dating partner upon another household member, family member,or dating partner shall constitute a prior conviction.

(2) For purposes of this Section, a prior conviction shall not include a conviction foran offense under this Section if the date of completion of sentence, probation, parole, orsuspension of sentence is more than ten years prior to the commission of the crime withwhich the offender is charged, and such conviction shall not be considered in the assessmentof penalties hereunder. However, periods of time during which the offender was incarceratedin a penal institution in this or any other state shall be excluded in computing the ten-yearperiod.

H. An offender ordered to complete a court-monitored domestic abuse interventionprogram required by the provisions of this Section shall pay the cost incurred in participationin the program. Failure to make such payment shall subject the offender to revocation ofprobation, unless the court determines that the offender is unable to pay.

I. This Subsection shall be cited as the "Domestic Abuse Child Endangerment Law". Notwithstanding any provision of law to the contrary, when the state proves, in addition tothe elements of the crime as set forth in Subsection A of this Section, that a minor childthirteen years of age or younger was present at the residence or any other scene at the timeof the commission of the offense, the offender, in addition to any other penalties imposedpursuant to this Section, shall be imprisoned at hard labor for not more than three years.

J. Any crime of violence, as defined in R.S. 14:2(B), against a person committed byone household member against another household member, shall be designated as an act ofdomestic abuse for consideration in any civil or criminal proceeding.

K. Notwithstanding any provision of law to the contrary, if the victim of domesticabuse battery is pregnant and the offender knows that the victim is pregnant at the time ofthe commission of the offense, the offender, in addition to any other penalties imposedpursuant to this Section, shall be imprisoned at hard labor for not more than three years.

L. Notwithstanding any provision of law to the contrary, if the domestic abusebattery involves strangulation, the offender, in addition to any other penalties imposedpursuant to this Section, shall be imprisoned at hard labor for not more than three years.

M.(1) Notwithstanding any provision of law to the contrary, if the domestic abusebattery is committed by burning, the offender, in addition to any other penalties imposedpursuant to this Section, shall be imprisoned at hard labor for not more than three years.

(2) If the burning results in serious bodily injury, the offense shall be classified asa crime of violence, and the offender, in addition to any other penalties imposed pursuant tothis Section, shall be imprisoned at hard labor for not less than five nor more than fifty yearswithout benefit of probation, parole, or suspension of sentence.

N. Except as provided in Paragraph (M)(2) and Subsection P of this Section, if theoffender intentionally inflicts serious bodily injury, the offender, in addition to any otherpenalties imposed pursuant to this Section, shall be imprisoned at hard labor for not morethan eight years.

O. Except as provided in Subsection P of this Section, if the intentional use of forceor violence is committed with a dangerous weapon, the offender, in addition to any otherpenalties imposed pursuant to this Section, shall be imprisoned at hard labor for not morethan ten years.

P. Notwithstanding any provision of law to the contrary, if the intentional use offorce or violence is committed with a dangerous weapon when the offender intentionallyinflicts serious bodily injury, the offender, in addition to other penalties imposed pursuantto this Section, shall be imprisoned at hard labor for not more than fifteen years.

Acts 2003, No. 1038, §1; Acts 2004, No. 144, §1; Acts 2006, No. 559, §1; Acts 2007,No. 101, §1; Acts 2009, No. 90, §1; Acts 2009, No. 245, §1, eff. July 1, 2009; Acts 2010,No. 380, §1; Acts 2011, No. 284, §1; Acts 2012, No. 437, §1; Acts 2012, No. 535, §1, eff.June 5, 2012; Acts 2013, No. 289, §1, eff. June 14, 2013; Acts 2014, No. 194, §1; Acts 2015,No. 440, §1; Acts 2016, No. 452, §1; Acts 2017, No. 79, §1; Acts 2018, No. 293, §1; Acts2019, No. 2, §3; Acts 2020, No. 101, §1.

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