§92.2. Improper supervision of a minor by parent or legal custodian
A. Improper supervision of a minor by a parent or legal custodian, who has care and
control of the minor, includes any of the following:
(1)Through criminal negligence, or knowingly or willfully, permitting the minor to
associate with a person known by the parent or custodian to be any of the following:
(a)A member of a known criminal street gang as defined in R.S. 15:1404(A).
(b)Convicted of a felony offense.
(c)A user or distributor of drugs in violation of the Uniform Controlled Dangerous
Substances Law.
(d)A person who possesses or has access to an illegal firearm, weapon, or explosive.
(2)Through criminal negligence, or knowingly or willfully, permitting the minor to
do any of the following:
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§92.2. Improper supervision of a minor by parent or legal custodian
A. Improper supervision of a minor by a parent or legal custodian, who has care and
control of the minor, includes any of the following:
(1) Through criminal negligence, or knowingly or willfully, permitting the minor to
associate with a person known by the parent or custodian to be any of the following:
(a) A member of a known criminal street gang as defined in R.S. 15:1404(A).
(b) Convicted of a felony offense.
(c) A user or distributor of drugs in violation of the Uniform Controlled Dangerous
Substances Law.
(d) A person who possesses or has access to an illegal firearm, weapon, or explosive.
(2) Through criminal negligence, or knowingly or willfully, permitting the minor to
do any of the following:
(a) Enter premises known by the parent or custodian to be a place where sexually
indecent activities or prostitution is practiced.
(b) Violate a local or municipal curfew ordinance.
(c) Habitually be absent or tardy from school pursuant to the provisions of R.S.
17:233 without valid excuse.
(d) Enter the premises known by the parent or legal custodian as a place of illegal
drug use or distribution activity.
(e) Enter the premises known by the parent or legal custodian as a place of underage
drinking or gambling.
(f) Enter the premises known by the parent or legal custodian as a place which stores
or has a person present who possesses an illegal firearm, weapon, or explosive.
(3) Any violation by commission or omission of a court-ordered safety plan.
(4) Causing or permitting an unlicensed minor to drive a motor vehicle or power
cycle upon any public road or highway in this state, in violation of R.S. 32:416 and 417,
when the unlicensed minor is involved in a collision which results in the serious bodily injury
or death of another person.
B.(1) Whoever violates the provisions of this Section shall be fined not more than
five hundred dollars, or imprisoned for not more than ninety days, or both. A minimum
condition of probation shall be that the offender participate in forty hours of court-approved
community service activities, or a combination of forty hours of court-approved community
service and attendance at a court-approved family counseling program by both a parent or
legal custodian and the minor.
(2) Whoever violates the provision of Paragraph (A)(3) of this Section shall be
sentenced to imprisonment for not more than six months or a fine of five hundred dollars,
or both. Whoever violates the provisions of Paragraph (A)(3), which results in injury to the
child that requires medical attention or death of the child, shall be punished by imprisonment
for two years with or without hard labor.
(3) Whoever violates the provisions of Paragraph (A)(4) of this Section shall be
punished by a fine of not less than five hundred dollars nor more than one thousand dollars,
or imprisonment for up to six months, or both.
(4) Repealed by Acts 2019, No. 290, §3.
C. The provisions of Subparagraph (A)(1)(b) of this Section shall not apply to an
immediate family member who lives in the household with the minor or other relative who
is supervised by the parent or legal custodian when visiting with the minor.
D.(1) No parent or legal guardian shall be guilty of a violation of this Section if,
upon acquiring knowledge that the minor has undertaken acts as described in Paragraphs
(A)(1) and (2) of this Section, the parent or legal guardian seeks the assistance of local,
parish, or state law enforcement officials, school officials, social services officials, or other
appropriate authorities in either leading the child to modify his or her behavior, or in
referring the child to appropriate treatment or corrective facilities.
(2) When imposing the sentence for a person convicted of this offense, the court
shall consider the totality of the circumstances including the best interest of the minor.