RÉSUMÉ DIGEST
ACT 2 (HB 25) 2019 Regular Session McMahen
The following existing law crimes either require serious bodily injury as an element of the
offense or provide for enhanced penalties when the offense results in serious bodily injury:
second degree battery (R.S. 14:34.1), battery of a school or recreation athletic contest official
(R.S. 14:34.4), aggravated second degree battery (R.S. 14:34.7), battery of a dating partner
(R.S. 14:34.9), domestic abuse battery (R.S. 14:35.3), first degree vehicular negligent
injuring (R.S. 14:39.2), criminal hazing (R.S. 14:40.8), second degree sexual battery (R.S.
14:43.2), human trafficking (R.S. 14:46.2), negligent arson (R.S. 14:52.2), second degree
robbery (R.S. 14:64.4), pornography involving juveniles (R.S. 14:81.1), computer-aided
solicitation of a minor (R.S. 14:81.3), improper supervision of a minor by parent or legal
custodian (R.S. 14:92.2), retaliation by a minor against a parent, legal custodian, witness, or
complainant (R.S. 14:92.3), second degree cruelty to juveniles (R.S. 14:93.2.3), hit-and-run
driving (R.S. 14:100), unlawful ownership of a vicious dog (R.S. 14:102.15), harboring or
concealing an animal which has bitten or inflicted serious bodily injury on a human (R.S.
14:102.22), flight from an officer and aggravated flight from an officer (R.S. 14:108.1),
threatening a public official (R.S. 14:122.2), false communication with the intent to cause
an emergency response (R.S. 14:126.1.1), terrorism (R.S. 14:128.1), prohibition on
counterfeit and nonfunctional air bags and air bag fraud (R.S. 14:231), riot (R.S. 14:329.1
and 329.7), inciting to riot (R.S. 14:329.2 and 329.7), failure to comply with command to
disperse (R.S. 14:329.3 and 329.7), wrongful use of public property (R.S. 14:329.4 and
329.7), prohibition on interference with educational process (R.S. 14:329.5 and 329.7), abuse
of children (R.S. 14:403), failure to report a missing child (R.S. 14:403.7), and failure to seek
assistance (R.S. 14:502).
For purposes of existing law, Title 14 of the La. Revised Statutes of 1950, including these
existing law offenses, new law defines "serious bodily injury" as bodily injury which
involves unconsciousness; extreme physical pain; protracted and obvious disfigurement;
protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
or a substantial risk of death. New law further provides that for purposes of the crime of
abuse of children (R.S. 14:403), "serious bodily injury" shall also include injury resulting
from starvation or malnutrition.
New law makes a technical correction to an existing law provision in Title 15 regarding the
La. Uniform Law Enforcement Statewide Reporting Database to reflect the citation to the
definition of "serious bodily injury" as provided by new law.
Effective August 1, 2019.
(Amends R.S. 14:34.4(B)(2), 52.2(E), and 92.2(A)(4) and R.S. 15:1212(B)(4); Adds R.S.
14:2(C); Repeals R.S. 14:34.1(B)(3), 34.7(B)(3), 34.9(B)(4), 35.3(B)(6), 39.2(C), 43.2(B),
64.4(A)(2), 93.2.3(A)(2), 100(B)(2), 102.12(4), 102.22(B)(2), 108.1(E)(2)(b), 231(D)(4),
403(A)(1)(b)(ii), 403.7(B)(4), and 502(B)(3))