Louisiana

(information last updated Fall 2017)

Collection of Information:

Ag-Gag Law:

“A. It shall be unlawful for any person:

    (6) To knowingly obtain or exert unauthorized control, by theft or deception, over records, data, material, equipment, or animals of any animal research facility or animal management facility for the purpose of depriving the legal owner of an animal research facility or animal management facility of records, material, data, equipment, or animals or for the purpose of using, concealing, abandoning, or destroying such records, material, data, equipment, or animals.

    (7) To possess or use records, material, data, equipment, or animals or in any way to copy or reproduce records or data of an animal research facility or animal management facility, knowing or reasonably believing such records, material, data, equipment, or animals to have been obtained by theft or deception or without authorization of that facility.

B.

    (2) “Animal management facility” as used herein means that portion of any vehicle, building, structure, or premises, where an animal is kept, handled, housed, exhibited, bred, or offered for sale, and any agricultural trade association properties.  Animal management facility also means that portion of any vehicle, building, structure, premises, property, or equipment used in the conduction of authorized wildlife management practices, including but not limited to the control of animals that damage property, natural resources, or human health and safety.”  La. Stat. § 14:228.

Drone Law:

See infra “Drone Laws.”

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  Notice against trespass must be given orally or in writing, which includes the posting of signs.  La. Stat. § 14:63.3(A).

Other Provisions:

See supra “Ag-Gag Law.”

 

See infra “Drone Laws.”

Drone Laws:

General Law:

Unlawful use of an unmanned aircraft system includes: “[t]he intentional use of an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a targeted facility without the prior written consent of the owner of the targeted facility.”

La. Stat. § 14:337.

 

“Targeted facility” includes petroleum and alumina refineries; chemical and rubber manufacturing facilities; and nuclear power electric generation facilities. Id.

Exceptions to General Law:

“(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person operating an unmanned aircraft system in compliance with federal law or Federal Aviation Administration regulations or authorization.”  La. Stat. § 14:63.

Drone/Trespass Law:

“(1) No person shall enter upon immovable property owned by another without express, legal, or implied authorization.  . . .  [T]he phrase “enter upon immovable property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.

    (3) The provisions of Paragraph (1) of this Subsection shall not apply to any person operating an unmanned aircraft system in compliance with federal law or Federal Aviation Administration regulations or authorization.”  La. Stat. § 14:63.

Drone/Privacy Law:

“‘Peeping Tom’ as used in this Section means one who peeps through windows or doors, or other like places, situated on or about the premises of another or uses an unmanned aircraft system for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. It is not a necessary element of this offense that the "Peeping Tom" be upon the premises of the person being spied upon…”  La. Stat. § 14:284.

Drone/Voyeurism Law:

“Video voyeurism is: (1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious purpose…”  La. Stat. § 14:283.

Stalking:

Criminal Law:

“A. Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress.  Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.

B.

    (1)

        (a) Notwithstanding any law to the contrary, on first conviction, whoever commits the crime of stalking shall be fined not less than five hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than one year.  Notwithstanding any other sentencing provisions, any person convicted of stalking shall undergo a psychiatric evaluation.  Imposition of the sentence shall not be suspended unless the offender is placed on probation and participates in a court-approved counseling which could include but shall not be limited to anger management, abusive behavior intervention groups, or any other type of counseling deemed appropriate by the courts.”  La. Stat. § 14:40.2.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “[e]ach allegation or other factual assertion in the pleading has evidentiary support or, for a specifically identified allegation or factual assertion, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.”  La. Code Civ. P. 863.

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  La. Code Evid. 901.

Expert Testimony:

Daubert standard.  See State v. Foret, 628 So. 2d 1116, 1123 (La. 1993).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.