Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1264 Chaptered / Bill

                    ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 990
Regular Session, 2010
HOUSE BILL NO. 1264
BY REPRESENTATIVES LAFONTA AND HINES
AN ACT1
To enact R.S. 14:56.5, relative to damage to property; to create the crime of criminal2
damage to historic buildings and landmarks by defacing with graffiti; to provide for3
penalties; to provide for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 14:56.5 is hereby enacted to read as follows: 6
ยง56.5. Criminal damage to historic buildings or landmarks by defacing with graffiti7
A. It shall be unlawful for any person to intentionally deface with graffiti any8
historic building or landmark, whether publicly or privately owned, without the9
consent of the owner.10
B. As used in this Section, the following terms shall have the following11
meanings:12
(1) "Deface" or "defacing" is the damaging of any historic building or13
landmark by means of painting, marking, scratching, drawing, or etching with14
graffiti.15
(2) "Graffiti" includes but is not limited to any sign, inscription, design,16
drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon17
any historic building or landmark in such a manner and in such a location as to18
deface the property and be visible to the general public.19
(3)  "Historic building or landmark" means any of the following:20
(a) Any building or landmark specifically designated as historically21
significant by the state historic preservation office, historic preservation district22
commission, landmarks commission, the planning or zoning commission of a23
governing authority, or by official action of a local political subdivision.24 ENROLLEDHB NO. 1264
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are additions.
(b) Any structure located within a National Register Historic District, a local1
historic district, a Main Street District, a cultural products district, or a downtown2
development district.3
C.(1) Whoever commits the crime of criminal damage to historic buildings4
or landmarks by defacing with graffiti shall be fined up to one thousand dollars and5
may be imprisoned, with or without hard labor, for not more than two years.6
(2) The court shall also order the offender to perform the following hours of7
community service as follows:8
(a) For a first conviction, not to exceed thirty-two hours over a period not to9
exceed one hundred eighty days.10
(b) For a second or subsequent conviction, sixty-four hours over a period not11
to exceed one hundred eighty days.12
(3) The fine and community service imposed by the provisions of this13
Section shall not be suspended.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: