HLS 19RS-693 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 140
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Creates the crime of terrorizing of a judge or law enforcement officer
1 AN ACT
2To enact R.S. 14:40.1.1, relative to offenses against judges or law enforcement; to create the
3 crime of terrorizing of a judge or law enforcement officer; to prohibit any person
4 from threatening to cause death or serious bodily injury to a judge or law
5 enforcement officer; to provide for definitions; to provide criminal penalties; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:40.1.1 is hereby enacted to read as follows:
9 ยง40.1.1. Terrorizing of a judge or law enforcement officer
10 A.(1) No person shall make a threat to cause death or serious bodily injury
11 to a judge or law enforcement officer in retaliation for the legal performance of their
12 duties through the use of electronic communication, electronic mail, or any other
13 textual, visual, written, or oral communication, including communications made
14 through video or other social media, which specifically threatens death or serious
15 bodily injury of the judge or law enforcement officer.
16 (2) To constitute a violation of the provisions of this Section, it is necessary
17 that the judge or officer reasonably believes that the threat of death or serious bodily
18 injury is so imminent that the professional or personal life activities of the judge or
19 officer is altered or otherwise changed in the interest of personal safety.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-693 ORIGINAL
HB NO. 140
1 B. For purposes of this Section:
2 (1) "Electronic communication" means any transfer of signs, signals, writing,
3 images, sounds, data, or intelligence of any nature, transmitted in whole or in part
4 by wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
5 (2) "Electronic mail" means the transmission of information or
6 communication by the use of the internet, a computer, a facsimile machine, a pager,
7 a cellular telephone, a video recorder, or other electronic means sent to a person
8 identified by a unique address or address number and received by that person.
9 (3) "Judge" means any active or retired judge of a city, parish, or state court
10 located in this state.
11 (4) "Law enforcement officer" means any employee of the state, a
12 municipality, a sheriff, or other public agency, whose permanent duties actually
13 include the making of arrests, the performing of searches and seizures, or the
14 execution of criminal warrants, and is responsible for the prevention or detection of
15 crime or for the enforcement of the penal, traffic, or highway laws of this state, but
16 not including any elected or appointed head of a law enforcement department.
17 C. Whoever violates the provisions of this Section shall be fined not more
18 than fifteen thousand dollars or imprisoned with or without hard labor for not more
19 than fifteen years, or both.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 140 Original 2019 Regular Session Hodges
Abstract: Creates the crime of terrorizing of a judge or law enforcement officer, provides
definitions for purposes of this crime, and provides for criminal penalties.
Proposed law creates the crime of terrorizing of a judge or law enforcement officer which
prohibits a person from making a threat to cause death or serious bodily injury to a judge or
law enforcement officer in retaliation for the legal performance of their duties through the
use of electronic, textual, visual, written, or oral communication. Further provides that to
constitute a violation of the provisions of proposed law, it is necessary that the judge or
officer reasonably believes that the threat of death or serious bodily injury is so imminent
that the professional or personal life activities of the judge or officer is altered or otherwise
changed in the interest of personal safety.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-693 ORIGINAL
HB NO. 140
Proposed law provides definitions of "electronic communication", "electronic mail", "judge",
and "law enforcement officer" for purposes of proposed law.
Proposed law provides that any person who violates the provisions of proposed law shall be
fined not more than $15,000 or imprisoned with or without hard labor for not more than 15
years, or both.
(Adds R.S. 14:40.1.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.