HLS 19RS-736 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 307
BY REPRESENTATIVE MIKE JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Provides relative to the crimes of public intimidation and retaliation
1 AN ACT
2To amend and reenact R.S. 14:122(A)(introductory paragraph), (B)(introductory paragraph),
3 and (C) and to enact R.S. 14:122(D), relative to bribery and intimidation; to provide
4 relative to public intimidation and retaliation; to provide relative to the elements of
5 the crimes; to provide relative to the type of threats made; to include extortionate
6 threats or true threats; to provide for definitions; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:122(A)(introductory paragraph), (B)(introductory paragraph), and
9(C) are hereby amended and reenacted and R.S. 14:122(D) is hereby enacted to read as
10follows:
11 ยง122. Public intimidation and retaliation
12 A. Public intimidation is the use of violence, force, or extortionate threats,
13 or true threats upon any of the following persons, with the intent to influence his
14 conduct in relation to his position, employment, or duty:
15 * * *
16 B. Retaliation against an elected official is the use of violence, force, or
17 extortionate threats, or true threats upon a person who is elected to public office,
18 where:
19 * * *
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1 C. For purposes of this Section:
2 (1) "Extortionate threats" occur when a person communicates an unlawful
3 threat to harm another person with the intention to obtain anything of value or any
4 acquittance, advantage, or immunity of any description and the person would not
5 otherwise be able to lawfully secure such advantage willingly from the victim.
6 (2) "True threats" occur when a person communicates a serious expression
7 of an intent to commit an unlawful act of violence upon a person or group of persons
8 with the intent to place such persons in fear of bodily harm or death. The person
9 need not actually intend to carry out the threat.
10 C.D. Whoever commits the crime of public intimidation or retaliation against
11 an elected official shall be fined not more than one thousand dollars or imprisoned,
12 with or without hard labor, for not more than five 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 307 Original 2019 Regular Session Mike Johnson
Abstract: Amends the crimes of public intimidation and retaliation to include extortionate
threats and true threats, and provides for definitions of those terms.
Present law provides for the crime of public intimidation which is the use of violence, force,
or threats upon certain public persons with the intent to influence his conduct in relation to
his position, employment, or duty.
Present law further provides for the crime of public retaliation which is defined as the use
of violence, force, or threats upon an elected official when such violence, force, or threat is
related to the duties of the elected official or is in retaliation or retribution for actions taken
by the elected official as part of his official duties.
Present law provides for penalties of a fine of not more than $1,000, or imprisonment, with
or without hard labor, for not more than five years, or both.
Proposed law amends the present law crimes to include extortionate threats and true threats.
Proposed law provides that "extortionate threats" occur when a person communicates an
unlawful threat to harm another person with the intention to obtain anything of value or any
acquittance, advantage, or immunity of any description and the person would not otherwise
be able to lawfully secure such advantage willingly from the victim.
Proposed law provides that "true threats" occur when a person communicates a serious
expression of an intent to commit an unlawful act of violence upon a person or group of
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HB NO. 307
persons with the intent to place such persons in fear of bodily harm or death. The person
need not actually intend to carry out the threat.
Proposed law retains present law penalties.
(Amends R.S. 14:122(A)(intro. para.), (B)(intro. para.), and (C); Adds R.S. 14:122(D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.