{
 "citation": "14:74",
 "heading": "Criminal neglect of family",
 "doc_id": "78659",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78659",
 "classification": "M",
 "enacted_year": "2025",
 "last_amended_year": "1997",
 "penalties": [
  {
   "subsection": "D(1)",
   "text": "D.(1) Whoever commits the offense of criminal neglect of family shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both, and may be placed on probation pursuant to R.S. 15:305.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "15:305"
 ],
 "text": "RS 14:74\n\nPART IV. OFFENSES AFFECTING THE FAMILY\n\nSUBPART A. CRIMINAL NEGLECT OF FAMILY\n\n\u00a774. Criminal neglect of family\n\nA.(1) Criminal neglect of family is the desertion or intentional nonsupport:\n\n(a) By a spouse of his or her spouse who is in destitute or necessitous circumstances;\nor\n\n(b) By either parent of his minor child who is in necessitous circumstances, there\nbeing a duty established by this Section for either parent to support his child.\n\n(2) Each parent shall have this duty without regard to the reasons and irrespective\nof the causes of his living separate from the other parent. The duty established by this\nSection shall apply retrospectively to all children born prior to the effective date of this\nSection.\n\n(3) For purposes of this Subsection, the factors considered in determining whether\n\"necessitous circumstances\" exist are food, shelter, clothing, health, and with regard to minor\nchildren only, adequate education, including but not limited to public, private, or home\nschooling, and comfort.\n\nB.(1) Whenever a husband has left his wife or a wife has left her husband in destitute\nor necessitous circumstances and has not provided means of support within thirty days\nthereafter, his or her failure to so provide shall be only presumptive evidence for the purpose\nof determining the substantive elements of this offense that at the time of leaving he or she\nintended desertion and nonsupport. The receipt of assistance from the Family Independence\nTemporary Assistance Program (FITAP) shall constitute only presumptive evidence of\nnecessitous circumstances for purposes of proving the substantive elements of this offense.\nPhysical incapacity which prevents a person from seeking any type of employment\nconstitutes a defense to the charge of criminal neglect of family.\n\n(2) Whenever a parent has left his minor child in necessitous circumstances and has\nnot provided means of support within thirty days thereafter, his failure to so provide shall be\nonly presumptive evidence for the purpose of determining the substantive elements of this\noffense that at the time of leaving the parent intended desertion and nonsupport. The receipt\nof assistance from the Family Independence Temporary Assistance Program (FITAP) shall\nconstitute only presumptive evidence of necessitous circumstances for the purpose of proving\nthe substantive elements of this offense. Physical incapacity which prevents a person from\nseeking any type of employment constitutes a defense to the charge of criminal neglect of\nfamily.\n\nC. Laws attaching a privilege against the disclosure of communications between\nhusband and wife are inapplicable to proceedings under this Section. Husband and wife are\ncompetent witnesses to testify to any relevant matter.\n\nD.(1) Whoever commits the offense of criminal neglect of family shall be fined not\nmore than five hundred dollars or be imprisoned for not more than six months, or both, and\nmay be placed on probation pursuant to R.S. 15:305.\n\nNOTE: Paragraph (D)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 478.\n\n(2) If a fine is imposed, the court shall direct it to be paid in whole or in part to the\nspouse or to the tutor or custodian of the child, to the court approved fiduciary of the spouse\nor child, or to the Louisiana Department of Children and Family Services in a FITAP or\nFamily Independence Temporary Assistance Program case or in a non-FITAP or Family\nIndependence Temporary Assistance Program case in which the said department is rendering\nservices, whichever is applicable; hereinafter, said payee shall be referred to as the\n\"applicable payee.\" In addition, the court may issue a support order, after considering the\ncircumstances and financial ability of the defendant, directing the defendant to pay a certain\nsum at such periods as the court may direct. This support shall be ordered payable to the\napplicable payee. The amount of support as set by the court may be increased or decreased\nby the court as the circumstances may require.\n\nNOTE: Paragraph (D)(2) as enacted by Acts 2025, No. 478, eff. Oct. 1, 2027.\n\n(2) If a fine is imposed, the court shall direct it to be paid in whole or in part to the\nspouse or to the tutor or custodian of the child, to the court approved fiduciary of the spouse\nor child, or to Louisiana Works in a FITAP or Family Independence Temporary Assistance\nProgram case or in a non-FITAP or Family Independence Temporary Assistance Program\ncase in which the department is rendering services, whichever is applicable; hereinafter, the\npayee shall be referred to as the \"applicable payee.\" In addition, the court may issue a\nsupport order, after considering the circumstances and financial ability of the defendant,\ndirecting the defendant to pay a certain sum at such periods as the court may direct. This\nsupport shall be ordered payable to the applicable payee. The amount of support as set by\nthe court may be increased or decreased by the court as the circumstances may require.\n\n(3) The court may also require the defendant to enter into a recognizance, with or\nwithout surety, in order that the defendant shall make his or her personal appearance in court\nwhenever required to do so and shall further comply with the terms of the order or of any\nsubsequent modification thereof.\n\nE. For the purposes of this Section, \"spouse\" shall mean a husband or wife.\n\nAmended by Acts 1950, No. 164, \u00a71; Acts 1952, No. 368, \u00a71; Acts 1968, No. 233,\n\u00a71; Acts 1968, No. 647, \u00a71; Acts 1968, Ex.Sess., No. 14, \u00a71; Acts 1975, No. 116, \u00a71, eff.\nJuly 1, 1975; Acts 1976, No. 559, \u00a71; Acts 1978, No. 443, \u00a71; Acts 1979, No. 614, \u00a71; Acts\n1980, No. 764, \u00a7\u00a74, 5; Acts 1981, No. 812, \u00a73, eff. Aug. 2, 1981; Acts 1981, Ex.Sess., No.\n36, \u00a73, eff. Nov. 19, 1981; Acts 1984, No. 453, \u00a7\u00a71 and 2; Acts 1997, No. 1402, \u00a71; Acts\n2025, No. 478, \u00a73, eff. Oct. 1, 2027."
}