§ 14:112.12 — Unlawful entry or reentry into the state of Louisiana by an alien

Louisiana § 14:112.12

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

NOTE: R.S. 14:112.12 eff. upon decision of the United States Supreme Court. See Acts
2024, No. 670.
§112.12. Unlawful entry or reentry into the state of Louisiana by an alien
A. The crime of unlawful entry or unlawful reentry is committed when an alien enters
or reenters into this state and is unlawfully present in this state.
B.(1) Whoever commits the crime of unlawful entry or unlawful reentry into this state
by an alien upon a first offense shall be imprisoned for not more than six months, fined not
more than one thousand dollars, or both.
(2) Whoever commits the crime of unlawful entry or unlawful reentry into this state
by an alien upon a second or subsequent offense shall be imprisoned, with or without hard
labor, for not less than one year nor more than two years, fined not more than ten thousand
dollars, or both.
C. It shall be an affirmative defense to a prosecution to the crime of unlawful entry
or unlawful reentry into this state by an alien that either:
(1) The defendant is lawfully present in this state because the federal government
has granted the defendant lawful presence in the United States or asylum pursuant to 8
U.S.C. 1158.
(2) The defendant's conduct does not constitute a violation of 8 U.S.C. 1325(a),
relative to illegal entry into the United States.
D. This Section shall not apply to an alien unlawfully present in the United States
if the alien has been a necessary witness to or victim of a crime of domestic violence, rape,
sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human
trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor
contracting, blackmail, extortion, or witness tampering.

Legislative History

Acts 2024, No. 670, §1, See Act.