{
 "citation": "14:35.3",
 "heading": "Domestic abuse battery",
 "doc_id": "206153",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=206153",
 "classification": "F",
 "enacted_year": "2019",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "C",
   "text": "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 thousand dollars and shall be imprisoned for not less than thirty days nor more than six months.",
   "los_min": "30D",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D",
   "text": "On a conviction of a second offense, notwithstanding any other provision of law to the contrary, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars and shall be imprisoned with or without hard labor for not less than sixty days nor more than one year.",
   "los_min": "60D",
   "los_max": "1Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E",
   "text": "On a conviction of a third offense, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars.",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E",
   "text": "The first year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "F(1)",
   "text": "F.(1) Except as otherwise provided in Paragraph (2) of this Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any other provision of law to the contrary and regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be imprisoned with hard labor for not less than ten years nor more than thirty years and shall be fined fi",
   "los_min": "10Y",
   "los_max": "30Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "F(1)",
   "text": "The first three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "I",
   "text": "Notwithstanding any provision of law to the contrary, when the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall b",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "K",
   "text": "Notwithstanding any provision of law to the contrary, if the victim of domestic abuse battery is pregnant and the offender knows that the victim is pregnant at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "if the victim of domestic abuse battery is pregnant and the offender knows that the victim is pregnant at the time of the commission "
  },
  {
   "subsection": "L(1)",
   "text": "L.(1) Notwithstanding any provision of law to the contrary, if the domestic abuse battery involves strangulation, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "L(2)",
   "text": "(2) If the strangulation results in serious bodily injury, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not less than five nor more than fifty years without benefit of probation, parole, or suspension of sentence.",
   "los_min": "5Y",
   "los_max": "50Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "M(1)",
   "text": "M.(1) Notwithstanding any provision of law to the contrary, if the domestic abuse battery is committed by burning, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.",
   "los_min": "0",
   "los_max": "3Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "M(2)",
   "text": "(2) If the burning results in serious bodily injury, the offense shall be classified as a crime of violence, and the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not less than five nor more than fifty years without benefit of probation, parole, or suspension of sentence.",
   "los_min": "5Y",
   "los_max": "50Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "N",
   "text": "Except as provided in Paragraphs (L)(2) and (M)(2) and Subsection P of this Section, if the offender intentionally inflicts serious bodily injury, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.",
   "los_min": "0",
   "los_max": "8Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "if the offender intentionally inflicts serious bodily injury"
  },
  {
   "subsection": "O",
   "text": "Except as provided in Subsection P of this Section, if the intentional use of force or violence is committed with a dangerous weapon, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "P",
   "text": "Notwithstanding any provision of law to the contrary, if the intentional use of force or violence is committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury, the offender, in addition to other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.",
   "los_min": "0",
   "los_max": "15Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "when the offender intentionally inflicts serious bodily injury"
  }
 ],
 "referenced_statutes": [
  "14:2"
 ],
 "text": "RS 14:35.3\n\n\u00a735.3. Domestic abuse battery\n\nA. Domestic abuse battery is the intentional use of force or violence committed by\none household member or family member upon the person of another household member or\nfamily member.\n\nB. For purposes of this Section:\n\n(1) \"Burning\" means an injury to flesh or skin caused by heat, electricity, friction,\nradiation, or any other chemical or thermal reaction.\n\n(2) \"Community service activities\" as used in this Section may include duty in any\nmorgue, coroner's office, or emergency treatment room of a state-operated hospital or other\nstate-operated emergency treatment facility, with the consent of the administrator of the\nmorgue, coroner's office, hospital, or facility.\n\n(3) \"Court-monitored domestic abuse intervention program\" means a program,\ncomprised of a minimum of twenty-six in-person sessions occurring over a minimum of\ntwenty-six weeks, that follows a model designed specifically for perpetrators of domestic\nabuse. The offender's progress in the program shall be monitored by the court. The provider\nof the program shall have all of the following:\n\n(a) Experience in working directly with perpetrators and victims of domestic abuse.\n\n(b) Experience in facilitating batterer intervention groups.\n\n(c) Training in the causes and dynamics of domestic violence, characteristics of\nbatterers, victim safety, and sensitivity to victims.\n\n(4) \"Family member\" means spouses, former spouses, parents, children, stepparents,\nstepchildren, foster parents, foster children, other ascendants, and other descendants. \n\"Family member\" also means the other parent or foster parent of any child or foster child of\nthe offender.\n\n(5) \"Household member\" means any person presently or formerly living in the same\nresidence with the offender and who is involved or has been involved in a sexual or intimate\nrelationship with the offender, or any child presently or formerly living in the same residence\nwith the offender, or any child of the offender regardless of where the child resides.\n\n(6) Repealed by Acts 2019, No. 2, \u00a73.\n\n(7) \"Strangulation\" means intentionally impeding the normal breathing or circulation\nof the blood by applying pressure on the throat or neck or by blocking the nose or mouth of\nthe victim.\n\nC. On a first conviction, notwithstanding any other provision of law to the contrary,\nthe offender shall be fined not less than three hundred dollars nor more than one thousand\ndollars and shall be imprisoned for not less than thirty days nor more than six months. At\nleast forty-eight hours of the sentence imposed shall be served without benefit of parole,\nprobation, or suspension of sentence. Imposition or execution of the remainder of the\nsentence shall not be suspended unless either of the following occurs:\n\n(1) The offender is placed on probation with a minimum condition that he serve four\ndays in jail and complete a court-monitored domestic abuse intervention program, and the\noffender shall not own or possess a firearm throughout the entirety of the sentence.\n\n(2) The offender is placed on probation with a minimum condition that he perform\neight, 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 possess\na firearm throughout the entirety of the sentence.\n\nD. On a conviction of a second offense, notwithstanding any other provision of law\nto the contrary, regardless of whether the second offense occurred before or after the first\nconviction, the offender shall be fined not less than seven hundred fifty dollars nor more than\none thousand dollars and shall be imprisoned with or without hard labor for not less than\nsixty days nor more than one year. At least fourteen days of the sentence imposed shall be\nserved without benefit of parole, probation, or suspension of sentence, and the offender shall\nbe required to complete a court-monitored domestic abuse intervention program. Imposition\nor execution of the remainder of the sentence shall not be suspended unless either of the\nfollowing occurs:\n\n(1) The offender is placed on probation with a minimum condition that he serve\nthirty days in jail and complete a court-monitored domestic abuse intervention program, and\nthe offender shall not own or possess a firearm throughout the entirety of the sentence.\n\n(2) The offender is placed on probation with a minimum condition that he perform\nthirty 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 possess\na firearm throughout the entirety of the sentence.\n\nE. On a conviction of a third offense, notwithstanding any other provision of law to\nthe contrary and regardless of whether the offense occurred before or after an earlier\nconviction, the offender shall be imprisoned with or without hard labor for not less than one\nyear nor more than five years and shall be fined two thousand dollars. The first year of the\nsentence of imprisonment shall be imposed without benefit of probation, parole, or\nsuspension of sentence.\n\nF.(1) Except as otherwise provided in Paragraph (2) of this Subsection, on a\nconviction of a fourth or subsequent offense, notwithstanding any other provision of law to\nthe contrary and regardless of whether the fourth offense occurred before or after an earlier\nconviction, the offender shall be imprisoned with hard labor for not less than ten years nor\nmore than thirty years and shall be fined five thousand dollars. The first three years of the\nsentence of imprisonment shall be imposed without benefit of probation, parole, or\nsuspension of sentence.\n\n(2) If the offender has previously received the benefit of suspension of sentence,\nprobation, or parole as a fourth or subsequent offender, no part of the sentence may be\nimposed with benefit of suspension of sentence, probation, or parole, and no portion of the\nsentence shall be imposed concurrently with the remaining balance of any sentence to be\nserved for a prior conviction for any offense.\n\nG.(1) For purposes of determining whether an offender has a prior conviction for\nviolation of this Section, a conviction under this Section, or a conviction under the laws of\nany state or an ordinance of a municipality, town, or similar political subdivision of another\nstate which prohibits the intentional use of force or violence committed by one household\nmember, family member, or dating partner upon another household member, family member,\nor dating partner shall constitute a prior conviction.\n\n(2) For purposes of this Section, a prior conviction shall not include a conviction for\nan offense under this Section if the date of completion of sentence, probation, parole, or\nsuspension of sentence is more than ten years prior to the commission of the crime with\nwhich the offender is charged, and such conviction shall not be considered in the assessment\nof penalties hereunder. However, periods of time during which the offender was incarcerated\nin a penal institution in this or any other state shall be excluded in computing the ten-year\nperiod.\n\nH. An offender ordered to complete a court-monitored domestic abuse intervention\nprogram required by the provisions of this Section shall pay the cost incurred in participation\nin the program. Failure to make such payment shall subject the offender to revocation of\nprobation, unless the court determines that the offender is unable to pay.\n\nI. This Subsection shall be cited as the \"Domestic Abuse Child Endangerment Law\". \nNotwithstanding any provision of law to the contrary, when the state proves, in addition to\nthe elements of the crime as set forth in Subsection A of this Section, that a minor child\nthirteen years of age or younger was present at the residence or any other scene at the time\nof the commission of the offense, the offender, in addition to any other penalties imposed\npursuant to this Section, shall be imprisoned at hard labor for not more than three years.\n\nJ. Any crime of violence, as defined in R.S. 14:2(B), against a person committed by\none household member against another household member, shall be designated as an act of\ndomestic abuse for consideration in any civil or criminal proceeding.\n\nK. Notwithstanding any provision of law to the contrary, if the victim of domestic\nabuse battery is pregnant and the offender knows that the victim is pregnant at the time of\nthe commission of the offense, the offender, in addition to any other penalties imposed\npursuant to this Section, shall be imprisoned at hard labor for not more than three years.\n\nL.(1) Notwithstanding any provision of law to the contrary, if the domestic abuse\nbattery involves strangulation, the offender, in addition to any other penalties imposed\npursuant to this Section, shall be imprisoned at hard labor for not more than three years.\n\n(2) If the strangulation results in serious bodily injury, the offender, in addition to\nany other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for\nnot less than five nor more than fifty years without benefit of probation, parole, or suspension\nof sentence.\n\nM.(1) Notwithstanding any provision of law to the contrary, if the domestic abuse\nbattery is committed by burning, the offender, in addition to any other penalties imposed\npursuant to this Section, shall be imprisoned at hard labor for not more than three years.\n\n(2) If the burning results in serious bodily injury, the offense shall be classified as\na crime of violence, and the offender, in addition to any other penalties imposed pursuant to\nthis Section, shall be imprisoned at hard labor for not less than five nor more than fifty years\nwithout benefit of probation, parole, or suspension of sentence.\n\nN. Except as provided in Paragraphs (L)(2) and (M)(2) and Subsection P of this\nSection, if the offender intentionally inflicts serious bodily injury, the offender, in addition\nto any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for\nnot more than eight years.\n\nO. Except as provided in Subsection P of this Section, if the intentional use of force\nor violence is committed with a dangerous weapon, the offender, in addition to any other\npenalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more\nthan ten years.\n\nP. Notwithstanding any provision of law to the contrary, if the intentional use of\nforce or violence is committed with a dangerous weapon when the offender intentionally\ninflicts serious bodily injury, the offender, in addition to other penalties imposed pursuant\nto this Section, shall be imprisoned at hard labor for not more than fifteen years.\n\nActs 2003, No. 1038, \u00a71; Acts 2004, No. 144, \u00a71; Acts 2006, No. 559, \u00a71; Acts 2007,\nNo. 101, \u00a71; Acts 2009, No. 90, \u00a71; Acts 2009, No. 245, \u00a71, eff. July 1, 2009; Acts 2010,\nNo. 380, \u00a71; Acts 2011, No. 284, \u00a71; Acts 2012, No. 437, \u00a71; Acts 2012, No. 535, \u00a71, eff.\nJune 5, 2012; Acts 2013, No. 289, \u00a71, eff. June 14, 2013; Acts 2014, No. 194, \u00a71; Acts 2015,\nNo. 440, \u00a71; Acts 2016, No. 452, \u00a71; Acts 2017, No. 79, \u00a71; Acts 2018, No. 293, \u00a71; Acts\n2019, No. 2, \u00a73; Acts 2020, No. 101, \u00a71; Acts 2024, No. 131, \u00a71."
}