{
 "citation": "14:134",
 "heading": "Malfeasance in office",
 "doc_id": "78317",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78317",
 "classification": "F",
 "enacted_year": "1980",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Whoever commits the crime of malfeasance in office shall be imprisoned for not more than ten years, with or without hard labor, or fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "13:4202",
  "32:43",
  "40:2405"
 ],
 "text": "RS 14:134\n\nSUBPART F. OFFICIAL MISCONDUCT AND\n\nCORRUPT PRACTICES\n\n\u00a7134. Malfeasance in office\n\nA. Malfeasance in office is committed when any public officer or public employee\ndoes any of the following:\n\n(1) Intentionally refuses or fails to perform any duty lawfully required of him, as\nsuch officer or employee.\n\n(2) Intentionally performs any such duty in an unlawful manner, including violating\nthe provisions of R.S. 32:43 et seq.\n\n(3) Knowingly permits any other public officer or public employee, under his\nauthority, to intentionally refuse or fail to perform any duty lawfully required of him, or to\nperform any such duty in an unlawful manner.\n\n(4) Willfully and knowingly subjects any person to the deprivation of any right,\nprivilege, or immunity secured or protected by the United States Constitution and laws, if\nserious bodily injury or death results.\n\n(5) Knowingly releases a person, following arrest or booking, from state, parish, or\nlocal law enforcement custody without providing advance notice to United States\nImmigration and Customs Enforcement that the law enforcement agency effecting release\nis aware that the person either illegally entered or unlawfully remained in the United States.\n\n(6)(a) Takes any official action, fails to perform an official duty, or refuses a lawful\nrequest for cooperation submitted by either United States Immigration and Customs\nEnforcement, United States Customs and Border Protection, or United States Citizenship and\nImmigration Services with the intent to hinder, delay, prevent, or otherwise interfere, ignore,\nor thwart federal immigration enforcement efforts.\n\n(b) This Paragraph shall not be construed to limit, impede, or otherwise interfere with\nthe duty of a sheriff, chief of police, or other executive law enforcement official in this state\nto exercise the powers of his office. However, a lawful written request or detainer submitted\nby either United States Immigration and Customs Enforcement, United States Customs and\nBorder Protection, or United States Citizenship and Immigration Services to release an\nindividual into federal custody shall be complied with if the request or detainer alleges that\nthe person to be released either illegally entered or unlawfully remained in the United States.\n\nB. Any duty lawfully required of a public officer or public employee when delegated\nby him to a public officer or public employee shall be deemed to be a lawful duty of such\npublic officer or employee. The delegation of such lawful duty shall not relieve the public\nofficer or employee of his lawful duty.\n\nC.(1) Whoever commits the crime of malfeasance in office shall be imprisoned for\nnot more than ten years, with or without hard labor, or fined not more than five thousand\ndollars, or both.\n\n(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a\nperson convicted of the provisions of this Section may be ordered to pay restitution to the\nstate if the state suffered a loss as a result of the offense. Restitution shall include the\npayment of legal interest at the rate provided in R.S. 13:4202.\n\n(3) If the individual convicted of the crime of malfeasance in office is a P.O.S.T.\ncertified full-time, part-time, or reserve peace officer, the P.O.S.T certification of that peace\nofficer shall be immediately revoked pursuant to R.S. 40:2405(J).\n\nAmended by Acts 1980, No. 454, \u00a71; Acts 2002, 1st Ex. Sess., No. 128, \u00a76; Acts\n2010, No. 811, \u00a71, eff. Aug. 15, 2011; Acts 2016, No. 273, \u00a71; Acts 2022, No. 668, \u00a71, eff.\nJune 18, 2022; Acts 2024, No. 456, \u00a71; Acts 2025, No. 107, \u00a71; Acts 2025, No. 399, \u00a71."
}