§ 32-92. Criminal trespass.

(a)

It shall be unlawful for any person to intentionally enter, be upon, or use any structure, watercraft or movable owned by another within the unincorporated areas of the parish without first obtaining the consent of the owner, lessee, or other person lawfully in charge of the structure, watercraft or movable where the offender knew or reasonably should have known that the entry, occupancy or use is unauthorized.

(b)

It shall be unlawful for any person to intentionally enter, be upon, or use any immovable property owned by another within the unincorporated areas of the parish without first obtaining the consent of the owner, lessee, or other person lawfully in charge of the immovable property where the offender knew or reasonably should have known that the entry, occupancy or use is unauthorized.

(c)

Parol evidence shall be admissible to prove the ownership, lease, or lawful charge of any structure, watercraft, movable or immovable property.

(d)

Affirmative defenses to a prosecution pursuant to subsections (a) and (b) of this section shall be:

(1)

That the entry was by a registered land surveyor, and his personnel engaged in the practice of land surveying, as defined in R.S. 37:682, or a person employed by a public utility acting in the course and scope of his employment relating to the operation, repair or maintenance of a public utility facility;

(2)

That the entry was by an employee or agent of the state department of agriculture and forestry and was for the purpose of retrieving animals or locating and suppressing wildfire in accordance with the rules and regulations of the department;

(3)

That the entry was by an unarmed person for the sole purpose of retrieving dogs, cats, or other personal pets and livestock;

(4)

That the entry was by a parish employee or a Caddo Parish Levee District employee acting in the course and scope of their employment relating to the operation, repair or maintenance of a public utility or facility or working within the course and scope of their employment to retrieve animals;

(5)

That the entry was by law enforcement, fire or emergency medical personnel acting within the course and scope of their employment to perform their lawful duties;

(6)

Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication;

(7)

An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment;

(8)

Any candidate for political office or any person working on behalf of a candidate for a political office;

(9)

The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

(e)

Lack of posting shall not be an affirmative defense to any prosecution for criminal trespass under this section.

(f)

Whoever commits the crime of criminal trespass shall be fined not less than $300.00 or be imprisoned for not more than 30 days or both.

(g)

Upon a second conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than $500.00 or be imprisoned for not more than 30 days or both.

(h)

Upon a third conviction, regardless of whether the first or second offense occurred before or after the previous convictions, the offender shall be fined $500.00 and be imprisoned for 30 days.

(i)

Any offense committed more than five years prior to the commission of the crime of criminal trespass for which the defendant is being tried shall not be considered in the assessment of penalties hereunder.

(Code 1985, § 15-18; Ord. No. 3126, 11-23-1994; Ord. No. 3159, 4-13-1995)

State law reference

Criminal trespass, R.S. 14:63.