ENROLLED
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ACT No. 163
Regular Session, 2014
HOUSE BILL NO. 325
BY REPRESENTATIVES LOPINTO AND STOKES AND SENATOR GUILLORY
AN ACT1
To amend and reenact R.S. 14:19(A) and 20(A)(4)(a) and (B)(introductory paragraph),2
relative to the justifiable use of force or violence; to provide that the use of force or3
violence is justified in certain circumstances; to provide that the justification applies4
when the conflict began; to provide for technical changes; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:19(A) and 20(A)(4)(a) and (B)(introductory paragraph) are hereby8
amended and reenacted to read as follows: 9
§19. Use of force or violence in defense10
A.(1) The use of force or violence upon the person of another is justifiable11
under either of the following circumstances:12
(a) when When committed for the purpose of preventing a forcible offense13
against the person or a forcible offense or trespass against property in a person's14
lawful possession, provided that the force or violence used must be reasonable and15
apparently necessary to prevent such offense ,.16
(b)(i) When committed by a person lawfully inside a dwelling, a place of17
business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began,18
against a person who is attempting to make an unlawful entry into the dwelling,19
place of business, or motor vehicle, or who has made an unlawful entry into the20
dwelling, place of business, or motor vehicle, and the person using the force or21
violence reasonably believes that the use of force or violence is necessary to prevent22
the entry or to compel the intruder to leave the dwelling, place of business, or motor23
vehicle.24 ENROLLEDHB NO. 325
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(ii) The provisions of this Paragraph shall not apply when the person using1
the force or violence is engaged, at the time of the use of force or violence in the2
acquisition of, the distribution of, or possession of, with intent to distribute a3
controlled dangerous substance in violation of the provisions of the Uniform4
Controlled Dangerous Substances Law.5
and that(2) The provisions of Paragraph (1) of this Section shall not apply6
where the force or violence results in a homicide.7
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§20. Justifiable homicide9
A. A homicide is justifiable:10
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(4)(a) When committed by a person lawfully inside a dwelling, a place of12
business, or a motor vehicle as defined in R.S. 32:1(40), when the conflict began,13
against a person who is attempting to make an unlawful entry into the dwelling,14
place of business, or motor vehicle, or who has made an unlawful entry into the15
dwelling, place of business, or motor vehicle, and the person committing the16
homicide reasonably believes that the use of deadly force is necessary to prevent the17
entry or to compel the intruder to leave the premises dwelling, place of business, or18
motor vehicle.19
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B. For the purposes of this Section, there shall be a presumption that a21
person lawfully inside a dwelling, place of business, or motor vehicle held a22
reasonable belief that the use of deadly force was necessary to prevent unlawful23
entry thereto, or to compel an unlawful intruder to leave the premises dwelling, place24 ENROLLEDHB NO. 325
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of business, or motor vehicle, when the conflict began, if both of the following1
occur:2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: