SLS 20RS-803 ORIGINAL
2020 Regular Session
SENATE BILL NO. 479
BY SENATOR FRED MILLS
TRESPASS. Provides for an affirmative defense to the crime of trespass when engaged in
commercial trespass. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 14:63(D), relative to trespass; to provide relative to the crime of
3 trespass; to provide for an affirmative defense to the crime when engaged in certain
4 activity; to provide terms and conditions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:63(D) is hereby amended and reenacted to read as follows:
7 ยง63. Criminal trespass
8 * * *
9 D.(1) It shall be an affirmative defense to a prosecution for a violation of
10 Subsection A, B, or C of this Section, that the accused had express, legal, or implied
11 authority to be in the movable or on the immovable property.
12 (2) It shall be an affirmative defense to a prosecution for a violation of
13 Subsection B of this Section that the accused was engaged in commercial fishing
14 while upon any river, stream, canal, bayou, bay, lake, or other waters, that are
15 navigable in fact. For the purposes of this Paragraph, "navigable in fact" shall
16 mean that the waters are used, or are susceptible of being used, in their
17 ordinary condition, as highways for commerce, over which trade and travel are
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 479
SLS 20RS-803 ORIGINAL
1 or may be conducted in the customary modes of trade and travel on water, and
2 the waters constitute navigable waters of the United States.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 479 Original 2020 Regular Session Fred Mills
Present law prohibits any person from entering upon immovable property owned by another
without express, legal, or implied authorization.
Proposed law creates an affirmative defense to prosecution when the accused was engaged
in commercial fishing while upon any river, stream, canal, bayou, bay, lake, or any waters
that are navigable in fact.
Proposed law defines "navigable in fact" as waters that are used, or are susceptible of being
used, in their ordinary condition, as highways for commerce, over which trade and travel are
or may be conducted in the customary modes of trade and travel on water and the waters
constitute navigable waters of the United States.
Effective August 1, 2020.
(Amends R.S. 14:63(D))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.