§ 14:134 — Malfeasance in office

Louisiana § 14:134

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§134. Malfeasance in office
A. Malfeasance in office is committed when any public officer or public employee
does any of the following:
(1) Intentionally refuses or fails to perform any duty lawfully required of him, as
such officer or employee.
(2) Intentionally performs any such duty in an unlawful manner, including violating
the provisions of R.S. 32:43 et seq.
(3) Knowingly permits any other public officer or public employee, under his
authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to
perform any such duty in an unlawful manner.
(4) Willfully and knowingly subjects any person to the deprivation of any right,
privilege, or immunity secured or protected by the United States Constitution and laws, if
serious bodily injury or death results.
(5) Knowingly releases a person, following arrest or booking, from state, parish, or
local law enforcement custody without providing advance notice to United States
Immigration and Customs Enforcement that the law enforcement agency effecting release
is aware that the person either illegally entered or unlawfully remained in the United States.
(6)(a) Takes any official action, fails to perform an official duty, or refuses a lawful
request for cooperation submitted by either United States Immigration and Customs
Enforcement, United States Customs and Border Protection, or United States Citizenship and
Immigration Services with the intent to hinder, delay, prevent, or otherwise interfere, ignore,
or thwart federal immigration enforcement efforts.
(b) This Paragraph shall not be construed to limit, impede, or otherwise interfere with
the duty of a sheriff, chief of police, or other executive law enforcement official in this state
to exercise the powers of his office. However, a lawful written request or detainer submitted
by either United States Immigration and Customs Enforcement, United States Customs and
Border Protection, or United States Citizenship and Immigration Services to release an
individual into federal custody shall be complied with if the request or detainer alleges that
the person to be released either illegally entered or unlawfully remained in the United States.
B. Any duty lawfully required of a public officer or public employee when delegated
by him to a public officer or public employee shall be deemed to be a lawful duty of such
public officer or employee. The delegation of such lawful duty shall not relieve the public
officer or employee of his lawful duty.
C.(1) Whoever commits the crime of malfeasance in office shall be imprisoned for
not more than ten years, with or without hard labor, or fined not more than five thousand
dollars, or both.
(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a
person convicted of the provisions of this Section may be ordered to pay restitution to the
state if the state suffered a loss as a result of the offense. Restitution shall include the
payment of legal interest at the rate provided in R.S. 13:4202.
(3) If the individual convicted of the crime of malfeasance in office is a P.O.S.T.
certified full-time, part-time, or reserve peace officer, the P.O.S.T certification of that peace
officer shall be immediately revoked pursuant to R.S. 40:2405(J).

Legislative History

Amended by Acts 1980, No. 454, §1; Acts 2002, 1st Ex. Sess., No. 128, §6; Acts 2010, No. 811, §1, eff. Aug. 15, 2011; Acts 2016, No. 273, §1; Acts 2022, No. 668, §1, eff. June 18, 2022; Acts 2024, No. 456, §1; Acts 2025, No. 107, §1; Acts 2025, No. 399, §1.