{
 "citation": "14:63",
 "heading": "Criminal trespass; squatters",
 "doc_id": "78584",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78584",
 "classification": "M",
 "enacted_year": "1960",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "G(1)",
   "text": "(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.",
   "los_min": "0",
   "los_max": "30D",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "G(2)",
   "text": "(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.",
   "los_min": "0",
   "los_max": "90D",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "G(3)",
   "text": "(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:337",
  "37:682",
  "3:3622",
  "56:40.1",
  "56:40.2",
  "56:8"
 ],
 "text": "RS 14:63\n\n4. CRIMINAL TRESPASS\n\n\u00a763. Criminal trespass; squatters\n\nA. No person shall enter any structure, watercraft, or movable owned by another\nwithout express, legal, or implied authorization.\n\nB.(1) No person shall enter upon immovable property owned by another without\nexpress, legal, or implied authorization.\n\n(2) For purposes of this Subsection, the phrase \"enter upon immovable property\" as\nused in this Subsection, in addition to its common meaning, signification, and connotation,\nshall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the\nair space over immovable property owned by another with the intent to conduct surveillance\nof the property or of any individual lawfully on the property.\n\n(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person\noperating an unmanned aircraft system in compliance with federal law or Federal Aviation\nAdministration regulations or authorization.\n\nC.(1) No person shall remain in or upon property, movable or immovable, owned\nby another without express, legal, or implied authorization.\n\n(2) For purposes of this Subsection:\n\n(a) \"Remain in or upon property\", in addition to its common meaning, signification,\nand connotation, includes:\n\n(i) The continued presence of an occupant, as defined by Code of Civil Procedure\nArticle 4704, for longer than five days after being served with written notice to vacate in\naccordance with Code of Civil Procedure Article 4702 or 4703.\n\n(ii) The continued presence of a squatter who has been directed to vacate by a lawful\npossessor either verbally, by written notice, or by posting of conspicuous signage advising\nthat the property is privately owned and unlawful trespass is prohibited.\n\n(iii) The continued presence of a person in violation of a temporary restraining order,\npreliminary injunction, or permanent injunction.\n\n(iv) The operation of an unmanned aircraft system as defined by R.S. 14:337 in the\nair space over immovable property owned by another with the intent to conduct surveillance\nof the property or of any individual lawfully on the property. This Item shall not apply to any\nperson operating an unmanned aircraft system in compliance with federal law or Federal\nAviation Administration regulations or authorization.\n\n(b) \"Squatter\" means any person who remains in or upon property to which the\nperson lacks a right of possession, ownership, occupancy, or a lease interest.\n\nD. It shall be an affirmative defense to a prosecution for a violation of Subsection\nA, B, or C of this Section, that the accused had express, legal, or implied authority to be in\nthe movable or on the immovable property.\n\nE. The following persons may enter or remain upon the structure, watercraft,\nmovable or immovable property, of another:\n\n(1) A duly commissioned law enforcement officer in the performance of his duties.\n\n(2) Any firefighter, whether or not a member of a volunteer or other fire department,\nand any employee or agent of the Louisiana Department of Agriculture and Forestry engaged\nin locating and suppressing a fire.\n\n(3) Emergency medical personnel engaged in the rendering of medical assistance to\nan individual.\n\n(4) Any federal, state or local government employee, public utility employee or agent\nengaged in suppressing or dealing with an emergency that presents an imminent danger to\nhuman safety or health or to the environment.\n\n(5) Any federal, state or local government employee, public utility employee or agent\nin the performance of his duties when otherwise authorized by law to enter or remain on\nimmovable or movable property.\n\n(6) Any person authorized by a court of law to enter or remain on immovable\nproperty.\n\n(7) Any person exercising the mere right of passage to an enclosed estate, as\notherwise provided by law.\n\nF. The following persons may enter or remain upon immovable property of another,\nunless specifically forbidden to do so by the owner or other person with authority, either\norally or in writing:\n\n(1) A professional land surveyor or his authorized personnel, engaged in the \"practice\nof land surveying\", as defined in R.S. 37:682.\n\n(2) A person, affiliate, employee, agent or contractor of any business which is\nregulated by the Louisiana Public Service Commission or by a local franchising authority or\nthe Federal Communication Commission under the Cable Reregulation Act of 1992 or of a\nmunicipal or public utility, while acting in the course and scope of his employment or agency\nrelating to the operation, repair, or maintenance of a facility, servitude or any property\nlocated on the immovable property which belongs to such a business.\n\n(3) Any person making a delivery, soliciting, selling any product or service,\nconducting a survey or poll, a real estate licensee or other person who has a legitimate reason\nfor making a delivery, conducting business or communicating with the owner, lessee,\ncustodian or a resident of the immovable property, and who, immediately upon entry, seeks\nto make the delivery, to conduct business or to conduct the communication.\n\n(4) An employee of the owner, lessee or custodian of the immovable property while\nperforming his duties, functions and responsibilities in the course and scope of his\nemployment.\n\n(5) The owner of domestic livestock or his employees or agents while in the process\nof retrieving his domestic livestock that have escaped from an area fenced to retain such\ndomestic livestock.\n\n(6) The owner of a domestic animal while in the sole process of merely retrieving\nhis domestic animal from immovable property and not having a firearm or other weapon on\nhis person.\n\n(7) Any candidate for political office or any person working on behalf of a candidate\nfor a political office.\n\n(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged\nin any lawful purpose for the purpose of retrieval of his property or for obtaining assistance\nin an emergency situation.\n\nG. The following penalties shall be imposed for a violation of this Section:\n\n(1) For the first offense, the fine shall be not less than one hundred dollars and not\nmore than five hundred dollars, or imprisonment for not more than thirty days, or both.\n\n(2) For the second offense, the fine shall be not less than three hundred dollars and\nnot more than seven hundred fifty dollars, or imprisonment for not more than ninety days,\nor both.\n\n(3) For the third offense and all subsequent offenses, the fine shall be not less than\nfive hundred dollars and not more than one thousand dollars, or imprisonment for not less\nthan sixty days and not more than six months, or both, and forfeiture to the law enforcement\nauthority of any property seized in connection with the violation.\n\n(4) A person may be convicted of a second offense and any subsequent offenses\nregardless of whether any prior conviction involved the same structure, watercraft, movable\nor immovable property and regardless of the time sequence of the occurrence of the offenses.\n\n(5) In addition to the foregoing penalties, and notwithstanding any other law to the\ncontrary, a person convicted under this Section who has killed or otherwise misappropriated\nany wildlife, as defined by R.S. 56:8, in the course of commission of the offense shall forfeit\nthe misappropriated wildlife to the law enforcement authority, and shall be ordered to pay\nthe value of the misappropriated wildlife into the Conservation Fund of the Department of\nWildlife and Fisheries in accordance with R.S. 56:40.1 et seq. The value of the wildlife that\nwas misappropriated shall be determined by the guidelines adopted by the Wildlife and\nFisheries Commission pursuant to R.S. 56:40.2.\n\nH. The provisions of any other law notwithstanding, owners, lessees, and custodians\nof structures, watercraft, movable or immovable property shall not be answerable for\ndamages sustained by any person who enters upon the structure, watercraft, movable or\nimmovable property without express, legal or implied authorization, or who without legal\nauthorization, remains upon the structure, watercraft, movable or immovable property after\nbeing forbidden by the owner, or other person with authority to do so; however, the owner,\nlessee or custodian of the property may be answerable for damages only upon a showing that\nthe damages sustained were the result of the intentional acts or gross negligence of the\nowner, lessee or custodian.\n\nI. A minor ten years old or younger shall not be arrested, detained or apprehended\nfor the crime of trespass.\n\nJ. Although not required by this Section, notice that entrance upon any structure,\nwatercraft, movable, or immovable property owned by another is prohibited may be indicated\nby either of the following:\n\n(1) A sign or signs posted on or in the property at a place or places where such sign\nor signs may be reasonably expected to be seen.\n\n(2) The placement of identifying purple paint marks on the trees or posts on the\nproperty, provided that such marks are:\n\n(a) Vertical lines of not less than eight inches in length and not less than one inch in\nwidth.\n\n(b) Placed so that the bottom of the mark is not less than three feet from the ground\nnor more than five feet from the ground.\n\n(c) Placed at locations that are readily visible to any person approaching the property\nand no more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one\nthousand feet apart on land other than forest land.\n\nAmended by Acts 1960, No. 458, \u00a71; Acts 1964, No. 497, \u00a71; Acts 1981, No. 78, \u00a71,\neff. Jan. 1, 1982; Acts 1990, No. 870, \u00a71, eff. Jan. 1, 1991; Acts 1991, No. 438, \u00a71; Acts\n1993, No. 887, \u00a71; Acts 2003, No. 279, \u00a73; Acts 2003, No. 802, \u00a71; Acts 2012, No. 561, \u00a71;\nActs 2016, No. 529, \u00a71, eff. June 17, 2016; Acts 2018, No. 347, \u00a71; Acts 2024, No. 652, \u00a71."
}