Louisiana’s laws regarding public presence and order are part of a larger national discussion on how the legal system addresses poverty and homelessness. While many states have changed or removed old vagrancy laws due to constitutional issues, Louisiana still has rules that can impact people, especially if they seem to be loitering or without visible means of support.
Understanding these laws is helpful for anyone who might be affected by them.
Scope of Offenses Under Current Statutes
Louisiana law addresses behaviors often linked to vagrancy through several statutes, defining specific actions that can lead to charges.
One important law, Louisiana Revised Statute 14:100.1, makes it illegal to intentionally or recklessly block public passages like highways, streets, or sidewalks, if doing so makes them impassable without “unreasonable inconvenience or hazard.” This includes physical blockages or refusing to move after a lawful order from authorities.
Another law, Louisiana Revised Statute 14:103.1, deals with disturbing the peace. Actions covered by this law include:
- Engaging in a physical fight
- Using offensive language likely to cause a violent reaction
- Appearing drunk in public
- Making unreasonably loud noise
- Gathering in a rowdy way or bothering others in public where it might lead to a disturbance
In addition to state laws, Louisiana cities and towns can create local ordinances about loitering and public order. These local rules must follow state law and constitutional rights and might include restrictions like no loitering near schools or businesses after hours.
Penalties and Charges
Breaking these public order laws has specific penalties. A conviction for obstructing a public passage can lead to a fine of up to $200, up to six months in jail, or both.1Louisiana State Legislature. RS 14:100.1 Obstructing Public Passages
Disturbing the peace can result in a fine of up to $100, up to ninety days in jail, or both.2Louisiana State Legislature. RS 14:103 Disturbing the Peace Courts consider the details of the incident and prior offenses during sentencing.
People can also face penalties under local city or town ordinances for loitering or other public order violations. These penalties differ by location but are usually misdemeanors with fines, short jail time, or community service. Some local ordinances may allow for fines up to $1,000 or jail time up to six months.
Police Procedures
Police follow certain procedures when dealing with possible public order offenses. An officer who sees suspicious behavior or gets a complaint can approach someone. Under Louisiana Code of Criminal Procedure Article 215.1, if an officer reasonably suspects a crime is happening, has happened, or is about to happen, they can stop the person and ask for their name, address, and an explanation of their actions.3Louisiana State Legislature. C.Cr.P. Art. 215.1 Temporary Questioning of Persons in Public Places This is temporary questioning, not an arrest.
If an officer believes there is probable cause that a crime occurred, they may make an arrest. Louisiana Code of Criminal Procedure Article 213 allows for a warrantless arrest if a crime is committed in the officer’s presence or if there’s reasonable cause to believe the person committed an offense.4Louisiana State Legislature. C.Cr.P. Art. 213 Arrest by Officer Without Warrant; When Lawful The decision to arrest for misdemeanors like disturbing the peace can depend on the situation.
For misdemeanors, Louisiana Code of Criminal Procedure Article 211 allows officers to issue a written summons for a court appearance instead of arresting someone.5FindLaw. Louisiana Code of Criminal Procedure Tit. V, Art. 211 Summons by Officer Instead of Arrest This choice depends on factors like the offense, whether the person is likely to show up in court, and if they have proper ID.
Potential Legal Defenses
People charged with public order offenses have several legal defenses. For obstructing public passages, a defense could argue the obstruction was accidental or did not actually make the passage impassable or unreasonably inconvenient.
For disturbing the peace, defenses depend on the situation. If a fight is involved, self-defense might be a claim. If offensive language is the issue, a defense could be that the words were not likely to provoke violence or are protected by free speech.
Constitutional arguments are also possible. A law might be challenged as too vague or too broad if it punishes protected activities like peaceful assembly.
The legality of a police officer’s order can be challenged, especially if the charge involves not following an instruction to move. If an order was unlawful (e.g., arbitrary or discriminatory), refusing to comply might not be a crime.
The prosecution must prove every part of the offense beyond a reasonable doubt. A defense can question the state’s evidence about the defendant’s actions or intent.
The location of the incident matters. If it didn’t happen in a legally defined public place or passage, the charges might be dropped.
Interplay with Related Offenses
Public order offenses can sometimes lead to other criminal charges from the same incident. For example, obstructing a sidewalk and then intentionally interfering with an officer could result in an additional charge of resisting an officer (Louisiana Revised Statute 14:108).
Disturbing the peace, if it involves attempts to harm someone or actual physical contact, could lead to assault or battery charges.
A public order offense might also lead to criminal trespass charges (Louisiana Revised Statute 14:63) if a person refuses to leave private property or a restricted public area after being told to do so.
If property is intentionally damaged during a public disturbance, a charge of criminal mischief could be added. The seriousness of this charge relates to the value of the damage.
Court Proceedings and Rights
When facing charges like obstructing public passages or disturbing the peace in Louisiana, individuals have specific rights and go through set court procedures. The first court appearance is the arraignment, where charges are read, and the defendant enters a plea (guilty, not guilty, or nolo contendere).
A very important right is the right to an attorney. The Louisiana Constitution states that arrested individuals must be told of their right to a lawyer.6Louisiana State Senate. Louisiana Constitution of 1974, Article I, Section 13: Rights of the Accused If they cannot afford one and face possible jail time, a lawyer will be appointed. Under Louisiana Code of Criminal Procedure Article 230.1, an arrested person must see a judge promptly (within 72 hours, not counting weekends and holidays) to arrange for a lawyer if needed.7Louisiana State Legislature. C.Cr.P. Art. 230.1 Maximum Time for Appearance for Counsel Appointment There is a $40 application fee for public defender services.8Louisiana State Legislature. RS 15:175 Indigency Determination and Public Defender Application Fee
If a not guilty plea is entered, the case goes to trial. Louisiana guarantees the right to a speedy, public, and fair trial. The right to a jury trial depends on the possible punishment. A six-person jury (which must reach a unanimous verdict) is required if the punishment could be more than a $1,000 fine or six months in jail.9Louisiana State Legislature. C.Cr.P. Art. 779 Trial of Misdemeanors by Jury Other misdemeanors are tried by a judge, unless the defendant waives a jury trial.
Defendants have rights to pre-trial discovery, meaning they can ask to see and copy relevant evidence the prosecution has. This includes their own statements and other evidence important to their case.
Throughout court proceedings, defendants are presumed innocent until proven guilty. They have the right not to testify against themselves and the right to confront and cross-examine witnesses against them. Defendants can also call their own witnesses and present a defense.
Bail is also a factor. Louisiana provides a right to bail before conviction, with some exceptions. Courts decide bail amounts based on the seriousness of the offense, criminal record, ability to pay, and any danger to the community.
If convicted, a defendant has the right to appeal. An appeal motion must be filed within thirty days of the judgment.10Louisiana State Legislature. C.Cr.P. Art. 914 Method and Time of Appeal Appeals from some lower courts might go to a district court for a new trial, while others go to higher courts.