Home
Search For Sex Offenders
Program Purpose
Program History
Sex Offenses
Registration Requirements
Search National Sex Offenders Public Registry
Contact Us
Louisiana State Police
|
 |
 |
 |
Registration Requirements
DUTY TO REGISTER
The following persons shall be required to register and provide
notification as a sex offender or child predator in accordance with
the provisions of this Chapter:
- Any adult residing in this state who has pled guilty to,
has been convicted of, or where adjudication has been deferred
or withheld for the perpetration or attempted perpetration of,
or any conspiracy to commit either of the following:
- A sex offense as defined in R.S. 15:541(14.1), with the
exception of those convicted of felony carnal knowledge of a
juvenile as provided in Subsection F of this Section;
- A criminal offense against a victim who is a minor as
defined in R.S. 15:541(9);
- Any juvenile who has pled guilty or has been convicted of a
sex offense or second degree kidnapping as provided for in Children's
Code Article 305 or 857, with the exception of simple rape; and
- Any juvenile, who has attained the age of fourteen years at the
time of commission of the offense, who has been adjudicated delinquent
based upon the perpetration, attempted perpetration, or conspiracy to
commit any of the following offenses:
- Aggravated rape (R.S. 14:42).
- Forcible rape (R.S. 14:42.1).
- Second degree sexual battery (R.S. 14:43.2).
- Aggravated kidnapping of a child who has not attained the age
of thirteen years (R.S. 14:44).
- Second degree kidnapping of a child who has not attained the
age of thirteen years (R.S. 14:44.1).
- Aggravated incest involving circumstances defined as an "aggravated
offense" (R.S. 14:78.1).
- Aggravated crime against nature (R.S. 14:89.1).
The persons listed in Subsection A of this Section shall register with the
sheriff of the parish of the person's residence, or residences, if there is
more than one, and with the chief of police if the address of any of the
person's residences is located in an incorporated area which has a police
department. If the offender resides in a parish with a population in excess of
four hundred fifty thousand, he shall register with the police department of
his municipality of residence.
The offender shall also register with the sheriff of the parish or parishes
where the offender is an employee and with the sheriff of the parish or
parishes where the offender attends school. If the offender is employed
or attends school in a parish with a population in excess of four hundred
fifty thousand, then he shall register with the police department of the
municipality where he is employed or attends school. The offender shall
also register in the parish of conviction for the initial registration only.
REGISTRATION INFORMATION
The offender shall register and provide all of the following information
to the appropriate law enforcement agencies listed in Subsection B of
this Section in accordance with the time period provided for in Paragraph (2)
of this Subsection:
- Name and any aliases used by the offender.
- Physical address or addresses of residence.
- Name and physical address of place of employment.
If the offender does not have a fixed place of employment,
the offender shall provide information with as much specificity
as possible regarding the places where he works, including but not
limited to travel routes used by the offender.
- Name and physical address of the school in which he is a student.
- Two forms of proof of residence for each residential address provided,
including but not limited to a driver's license, bill for utility service,
and bill for telephone service. If those forms of proof of residence are
not available, the offender may provide an affidavit of an adult resident
living at the same address. The affidavit shall certify that the affiant
understands his obligation to provide written notice pursuant to R.S. 15:542.1.4
to the appropriate law enforcement agency with whom the offender last registered
when the offender no longer resides at the residence provided in the affidavit.
- The crime for which he was convicted and the date and place of such
conviction, and if known by the offender, the court in which the conviction
was obtained, the docket number of the case, the specific statute under which
he was convicted, and the sentence imposed.
- A current photograph.
- Fingerprints, palm prints, and a DNA sample.
- Telephone numbers, including fixed location phone and mobile phone numbers
assigned to the offender or associated with any residence address of the offender.
- A description of every vehicle registered to or operated by the offender,
including license plate number and a copy of the offender's driver's license or
identification card.
- Social security number and date of birth.
- A description of the physical characteristics of the offender, including
but not limited to sex, race, hair color, eye color, height, age, weight, scars,
tattoos, or other identifying marks on the body of the offender.
- Every e-mail address, online screen name, or other online identity used by
the offender to communicate on the Internet.
- Temporary lodging information regarding any place where the offender plans
to stay for seven or more days.
- Travel and immigration documents, including but not limited to passports
and documents establishing immigration status.
NOTIFICATION TO THOSE WITH A DUTY TO REGISTER
Any adult residing in this state who has pled guilty to, has been
convicted of, or where adjudication has been deferred or withheld for
the perpetration or attempted perpetration of, or conspiracy to commit,
a sex offense as defined in R.S. 15:541(14.1) or a criminal offense against
a minor as defined in R.S. 15:541(9) shall be required to provide the
following notifications:
Give notice of the crime for which he was convicted, his name, residential
address, a description of his physical characteristics as provided in R.S.
15:542(C)(1), and a photograph or copy thereof to all of the following:
At least one person in every residence or business within a one-mile radius
in a rural area and a three-tenths of a mile radius in an urban or suburban
area of the address of the residence where the offender will reside upon
release, including all adults residing in the residence of the offender.
The superintendent of the school district where the defendant will reside,
who shall notify the principal of every school located within a one-mile radius
of the address where the offender will reside and may notify the principals of
other schools as he deems appropriate. The principal of any such school upon
receipt of the notification shall post notices in conspicuous areas at the school
which state the defendant's name, address, and the crime for which he was convicted.
Failure of the superintendent or principal to comply with the provisions of this
Subparagraph shall not be construed to impose civil liability on any person.
The notice sent by the superintendent shall be accompanied by two clear, recent
photographs, or a clear photocopy thereof, of the offender. The photographs, which
shall be provided by the offender, shall be taken after release and within sufficient
time to accompany the notification which is required under the provisions of this Chapter.
VERIFICATION PROCEDURES
Once each year during the required period of registration as defined in
R.S. 15:544, not less than five days prior to the anniversary of the
date of the offender's initial registration under the conviction giving
rise to the duty to register, the bureau shall mail a non-forwardable
verification form to the last reported address or addresses of each
offender with the exception of those offenders determined to be sexually
violent predators.
The bureau shall mail a non-forwardable verification form to the last
reported address or addresses of the sexually violent predator and those
convicted of an aggravated offense as defined in R.S. 15:541 every ninety
days following the receipt of the initial registration information.
The bureau shall mail a non-forwardable verification form to the last
reported address or addresses of those persons convicted of a sexual offense
against a victim who is a minor as defined in R.S. 15:541 every six months
following the receipt of the initial registration information.
The offender subject to registration shall mail the verification to the bureau
within ten days of receipt. For purposes of this Section, it shall be assumed
that the offender subject to registration shall have received the non-forwardable
verification form ten days from the date of mailing by the bureau.
If the offender fails to mail the verification form to the bureau within ten days
of receipt of the form, then he shall be in violation of this Section and subject
to the penalties specified in R.S. 15:542.1.4 unless the offender proves that he
has not changed the residence address and can show good cause why he failed to mail
the verification form to the bureau within the specified ten days.
If the bureau does not receive the verification form from the offender within thirty
days from the date of mailing by the bureau, the bureau shall immediately notify the
sheriff of the parish in which the last reported address of residence of the offender
is located or, in the case of an offender residing in a parish with a population in
excess of four hundred fifty thousand, the police department of his municipality
of residence. If the offender is under the supervision of the Department of Public
Safety and Corrections, the bureau shall also immediately notify the Department of
Public Safety and Corrections.
The address of sexually violent predators shall be verified every
ninety days following receipt of initial registration.
PROCEDURES FOR OUT OF STATE ACTIVITY
Any person who is convicted of an offense under the laws of another state, or
military, territorial, foreign, tribal, or federal law for which R.S. 15:542
requires registration shall be subject to and shall comply with all of the
registration requirements of this Chapter within three days of establishing
a residence in Louisiana and shall comply with all notification requirements
required in R.S. 15:542.1. Such person shall also notify the bureau within
three days of establishing residence in Louisiana.
Any nonresident full-time or part-time worker employed in this state who would
be required to register in his state of residence shall register with the
appropriate law enforcement agencies as provided in R.S. 15:542 within three
business days of employment. The provisions of this Subsection shall apply to
any person employed in this state, with or without compensation.
Nonresident full-time or part-time students enrolled in this state who are
required to register in their state of residence shall register within three
business days with the appropriate law enforcement agencies as provided in R.S. 15:542.
Any resident of this state required to register as required by R.S. 15:542 shall
notify the appropriate law enforcement agencies as provided in R.S. 15:542 if he
leaves the state for full-time or part-time employment in another state, with or
without compensation, for a period of more than seven consecutive days or for an
aggregate of thirty days or more during the calendar year.
Any resident of this state required to register under the provisions of this
Chapter shall notify the appropriate law enforcement agencies as provided in
R.S. 15:542 within seven consecutive days if he leaves the state to enroll in
any school as a full-time or part-time student.
Any resident of this state required to register under the provisions of this
Chapter shall notify the bureau of his intent to establish a residence in another
state within three days prior to establishing residence in the other state.
UNLAWFUL PRESENCE OF A SEX OFFENDER
The following acts when committed by a person convicted of a sex offense as
defined in R.S. 15:541(14.1) when the victim is under the age of thirteen years
shall constitute the crime of unlawful residence or presence of a sex offender:
The physical presence of the offender in, on, or within one thousand feet of the school
property of any public or private elementary or secondary school or the physical presence
in any motor vehicle or other means of conveyance owned, leased, or contracted by such
school to transport students to or from school or a school-related activity when persons
under the age of eighteen years are present on the school property or in a school vehicle.
The offender establishing a residence within one thousand feet of any public or private
elementary or secondary school.
The physical presence of the offender in, on, or within one thousand feet of a public
park or recreational facility.
The offender establishing a residence within one thousand feet of any public park
or recreational facility.
It shall not be a violation of the provisions of this Section if the offender has
permission to be present on school premises from the superintendent of the school
board in the case of a public school or the principal or headmaster in the case of
a private school.
If permission is granted to an offender to be present on public school property by
the superintendent for that public school pursuant to this Subsection, then the
superintendent shall notify the principal at least twenty-four hours in advance
of the visit by the offender. This notification shall include the nature of the
visit and the date and time in which the sex offender will be present in the school.
The offender shall notify the office of the principal upon arrival on the school
property and upon departing from the school. If the offender is to be present in
the vicinity of children, the offender shall remain under the direct supervision of
a school official.
Any superintendent, principal, or school master who acts in good faith in compliance
with this Subsection shall be immune from civil or criminal liability for his actions
in connection with any injury or claim arising from an offender being present on school
property pursuant to permission granted by that superintendent, principal, or school master.
For purposes of this Section: (1) "School property" means any property used for school
purposes, including but not limited to school buildings, playgrounds, and parking lots.
(2) "Public park or recreational facility" means any building or area owned by the state
or by a political subdivision which is open to the public and used or operated as a park
or recreational facility and shall include all parks and recreational areas administered
by the office of state parks in the Department of Culture, Recreation and Tourism.
Whoever violates the provisions of this Section shall be fined not more than one thousand
dollars, imprisoned with or without hard labor for not more one year, or both.
SPECIAL SEX OFFENDER IDENTIFICATION CARDS
Any person required to register as a sex offender with the Louisiana Bureau of
Criminal Identification and Information, as required by R.S. 15:542 et seq., shall
obtain a special identification card issued by the Department of Public Safety and
Corrections which shall contain a restriction code declaring that the holder is a
sex offender. This special identification card shall include the words "sex offender"
in all capital letters which are orange in color and shall be valid for a period of
one year from the date of issuance. This special identification card shall be carried
on the person at all times by the individual required to register as a sex offender.
Each person required to carry a special identification card pursuant to this Subsection
shall personally appear, annually, at a field office of the office of motor vehicles to
renew his or her special identification card but only after he or she has registered as
an offender pursuant to R.S. 15:542 et seq. Reregistration shall include the submission
of current information to the department and the verification of this information, which
shall include the street address and telephone number of the registrant; the name, street
address and telephone number of the registrant's employer, and any registration information
that may need to be verified by the bureau. No special identification card shall be issued
or renewed until the office of motor vehicles receives confirmation from the bureau,
electronically or by other means, that the reregistration of the sex offender has been
completed.
The provisions of this Subsection shall apply to all sex offenders required to register
pursuant to R.S. 15:542 et seq., regardless of the date of conviction.
Whoever violates this Subsection shall be fined not less than one hundred dollars and
not more than five hundred dollars, or imprisoned for not more than six months, or both.
FLAGGED DRIVERS LICENSES
The Louisiana driver's license, regardless of its class, issued to any person
who is required to register as a sex offender pursuant to R.S. 15:542 and
R.S. 15:542.1 shall contain a restriction code which declares that the license
holder is a sex offender. The secretary of the Department of Public Safety and
Corrections shall comply with the provisions of this Subsection and the driver's
license shall include the words "sex offender" which shall be orange in color.
PENALTIES
A person who fails to register, periodically renew and update registration,
provide proof of residence or notification of change of address or other
registration information, or provide community notification as required by
the provisions of this Chapter, and a person who knowingly provides false
information to a law enforcement agency as provided in R.S. 15:542(C)(3),
shall, upon first conviction, be fined not more than one thousand dollars
and imprisoned with hard labor for not less than two years nor more than
ten years without benefit of parole, probation, or suspension of sentence.
Upon second or subsequent convictions, the offender shall be fined three
thousand dollars and imprisoned with hard labor for not less than five
years nor more than twenty years without benefit of parole, probation,
or suspension of sentence.
Any person who certifies by affidavit the location of the residence of
the offender shall send written notice to the appropriate law enforcement
agency with whom the person last registered when the offender no longer
resides at the residence provided in the affidavit. This notification
shall be made any time the sex offender is absent from the residence for
a period of thirty days or more, or the offender vacates the residence
with the intent to establish a new residence at another location. This
notification shall be sent within three days of the end of the thirty-day
period or within three days of the offender vacating the residence with the
requisite intent.
Any person who fails to provide the notice required by this Subsection shall
be fined not more than five hundred dollars or imprisoned for not more than
six months, with or without hard labor, or both.
For
questions, comments or suggestions concerning this website, feel
free to contact our
|
 | |
 |