Communication between offender and victim prohibited – La. R.S. 46:1846
A person who has been charged by bill of information or indictment with any crime of violence or any offense, that is a felony, committed upon a family member, household member, or dating partner or any immediate family member of such person, is prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members for which the person has been charged or for which disposition of the case is pending.
These provisions apply to communication between the offender or his immediate family member and the victim, or any of his immediate family members, unless both of the following provisions are satisfied:
(1) The victim consents to the communication through the local prosecuting agency.
AND
(2) The communication is made through the counsel of the offender, counsel’s staff or representative, or the offender himself if he is representing himself at trial.
Additionally, a person who has been sentenced for a crime of violence or any offense, that is a felony, committed upon a family member, household member, or dating partner or any immediate family member of such person, shall be prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members, for which the person has been sentenced unless the victim or his immediate family members initiate the communication through the Department of Public Safety and Corrections, and it is agreed that the victim and the offender participate in a formally defined restorative justice program administered through the department.
Under Louisiana law, “Immediate family member” means the spouse, mother, father, aunt, uncle, sibling, or child of the offender, whether related by blood, marriage, or adoption.
Penalties
Whoever violates the provisions of this Section shall be criminally charged pursuant to the provisions of R.S. 14:79 – Violation of Protective Order.
Legal Assistance
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