Louisiana § RS 14:143 - Preemption of state law; exceptions

§ RS 14:143. Preemption of state law; exceptions

A.  Except as otherwise specifically provided in this Section, no governing authority of a political subdivision shall enact an ordinance defining as an offense conduct that is defined and punishable as a felony under state law.

B.  A governing authority of a parish or municipality may enact an ordinance defining as an offense conduct that is defined and punishable as a felony under state law if the ordinance is comparable to one of the crimes defined by state law and listed in Subsection C of this Section.  No ordinance shall define as an offense conduct that is defined and punishable as a felony under any other state law.  The ordinance shall comply with the provisions of Subsection D of this Section.  A conviction under an ordinance which complies with the provisions of this Section may be used as a predicate conviction in prosecutions under state law.

C.  The offense defined in the ordinance shall be comparable to one of the following state laws:

(1)  R.S. 14:63 (criminal trespass).

(2)  R.S. 14:67(B)(3) (theft when the misappropriation or taking amounts to less than a value of three hundred dollars).

(3)  R.S. 14:67.2(B)(3) (theft of animals when the misappropriation or taking amounts to less than a value of three hundred dollars).

(4)  R.S. 14:67.3 (unauthorized use of "access card" as theft).

(5)  R.S. 14:67.4 (theft of domesticated fish from fish farm).

(6)  R.S. 14:67.5 (theft of crawfish).

(7)  R.S. 14:67.6(C)(1) (first offense of theft of utility service).

(8)  R.S. 14:67.10(B)(3) (theft of goods when the misappropriation or taking amounts to less than a value of three hundred dollars).

(9)  R.S. 14:67.12 (theft of timber).

(10)  R.S. 14:67.13(B)(3) (theft of an alligator when the misappropriation or taking amounts to less than a value of three hundred dollars).

(11)  R.S. 14:69(B)(3) (illegal possession of stolen things when the value of the stolen things is less than three hundred dollars).

(12)  R.S. 14:82(B)(1) (prostitution).

(13)  R.S. 14:93.2.1 (child desertion).

(14)  R.S. 14:222.1 (unauthorized interception of cable television services).

(15)  R.S. 14:285(C) (improper telephone communications).

(16)  R.S. 40:966(E)(1)  (possession of marijuana).

(17)  R.S. 40:1021, 1022, 1023, 1023.1, 1024, 1025(A), and 1026 (possession of drug paraphernalia).

(18)  R.S. 14:35.3 (domestic abuse battery).

D.  An ordinance adopted under the provisions of this Section shall incorporate the standards and elements of the comparable crime under state law and the penalty provided in the ordinance shall not exceed the penalty provided in the comparable crime under state law.

E.  The provisions of this Section shall not repeal, supersede, or limit the provisions of R.S. 13:1894.1 or R.S. 40:966(D)(4).

Added by Acts 1983, No. 531, §1; Acts 2001, No. 944, §2; Acts 2003, No. 1038, §2; Acts 2006, No. 143, §1.