§ 46:1842 — Definitions

Louisiana § 46:1842

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§1842. Definitions
In this Chapter:
(1) "Crime" means an act defined as a felony, misdemeanor, or delinquency under
state law.
(2) "Crime lab" means a laboratory that conducts a forensic analysis of physical
evidence in criminal matters.
(3) "Crime victim who is a minor" means a person under the age of eighteen against
whom any of the following offenses have been committed:
(a) Any homicide or any felony offense defined or enumerated in R.S. 14:2(B).
(b) Any sex offense or human trafficking-related offense as defined or enumerated
in R.S. 46:1844(W).
(c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first degree
vehicular negligent injuring (R.S. 14:39.2).
(d) Any offense against the person as defined in R.S. 14:29 through 63.3.
(e) Any offense committed against a family or household member as defined in R.S.
46:2132 or dating partner as defined in R.S. 46:2151.
(f) The offense of violation of protective orders (R.S. 14:79).
(g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284), and
unlawful communications (R.S. 14:285).
(h) Any other offense which is a felony committed against any natural person.
(4) "Critical stage" means any judicial proceeding at which there is a disposition of
the charged offense or a lesser offense, or a sentence imposed pursuant thereto.
(5) "Designated family member" means a family member or legal guardian of the
victim who is a minor, a homicide victim, or a victim who is unable to exercise his rights
pursuant to this Chapter due to a serious disability. The designated family member shall be
selected by a majority of the victim's family members, and shall be afforded all of the rights
accruing to victims under this Chapter. A substitution of the designated family member may
be made upon agreement by the majority of the victim's family members. In specific cases,
the court or the district attorney may allow more than one designated family member.
(6) "Forensic medical examination" has the same meaning as provided in R.S.
15:622.
(7) "Healthcare provider" has the same meaning as provided in R.S. 40:1216.1.
(8) "Inmate" means a person convicted of a felony.
(9) "Judicial agency" means the district court and officers thereof, including the
judge, the prosecutor, and the clerk of court, the Crime Victims Reparations Board, the
Department of Public Safety and Corrections, and the division of probation and parole.
(10) "Judicial proceeding" means any contradictory proceeding held in open court.
(11) "Law enforcement agency" means the sheriff, constable, or police force as
defined by law, and the Department of Public Safety and Corrections.
(12) "Registration" means the completion of a form which is filed with the law
enforcement agency investigating the offense of which the person is a victim, as specified
in R.S. 46:1844(T), which shall include an address, email address, and telephone number at
which the victim or designated family member may be notified. Such forms shall be
promulgated by the Louisiana Commission on Law Enforcement and Administration of
Criminal Justice in accordance with R.S. 46:1844(R).
(13) "Sexual assault advocate" has the same meaning as provided in R.S. 46:2186.
(14) "Sexual assault collection kit" has the same meaning as provided in R.S. 15:624.
(15) "Victim" means a person against whom any of the following offenses have been
committed:
(a) Any homicide, or any felony offense defined or enumerated in R.S. 14:2(B).
(b) Any sex offense or human trafficking-related offense as defined or enumerated
in R.S. 46:1844(W).
(c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first degree
vehicular negligent injuring (R.S. 14:39.2).
(d) Any offense against the person as defined in R.S. 14:29 through 63.3.
(e) Any offense committed against a family or household member as defined in R.S.
46:2132 or dating partner as defined in R.S. 46:2151.
(f) The offense of violation of protective orders (R.S. 14:79).
(g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284), and
unlawful communications (R.S. 14:285).
(h) Any other offense which is a felony committed against any natural person.
(16) "Victim notice and registration form" means a form promulgated by the
Louisiana Commission on Law Enforcement and Administration of Criminal Justice in
accordance with R.S. 46:1844(R) and distributed by a judicial or law enforcement agency on
which a victim or witness or a family member of a victim or witness may indicate a request
that he be afforded the rights prescribed in this Chapter or other criminal statutes relative to
a crime of which he or a family member was a victim or witness.
(17) "Victim of sexual assault" means any natural person who presents as a victim
of sexual assault as defined in R.S. 46:2184, or the family member of such person if the
victim is under eighteen years of age, incompetent, or deceased, provided that in no instance
does the term include a family member identified as the perpetrator.
(18) "Victim's family" includes a spouse, parent, child, stepchild, sibling, or legal
representative of the victim, except when that person is in custody for an offense, is the
defendant, or has been identified as the perpetrator, regardless of whether the person is in
custody.
(19) "Witness" means any person who has been or is expected to testify for the
prosecution, or who, by reason of having relevant information, is subject to call or likely to
be called as a witness for the prosecution, whether or not any action or proceeding has yet
been commenced.

Legislative History

Acts 1985, No. 794, §1; Acts 1992, No. 383, §1; Acts 1995, No. 532, §1; Acts 1997, No. 732, §1; Acts 1999, No. 783, §1, eff. Jan. 1, 2000; Acts 2003, No. 750, §6; Acts 2017, No. 337, §1; Acts 2022, No. 411, §1.